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Patna High Court

Indu Mishra @ Indu DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the petitioner is entitled to bail on furnishing a bond of Rs.10,000 with two sureties.

Summary

Indu Mishra, mother of Suraj, was arrested in connection with the alleged poisoning and deaths of the informant's mother and sister, purportedly over a dowry dispute. She petitioned for bail, asserting a clean record, that the allegations were false, and that the victims likely consumed poison outside her house. The prosecution sought to deny bail under Sections 69, 108 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The court examined the factual matrix, noted that the petitioner’s husband had previously been granted bail, and found no compelling reason to refuse bail. Consequently, the court ordered her release on bail upon furnishing a bond of Rs.10,000 with two sureties.

Issues considered

  • Whether the petitioner is entitled to bail for offences under Sections 69, 108 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
  • Whether the allegations of poisoning and dowry demand constitute sufficient ground to deny bail.

Legislation cited

Subjects

  • bail
  • dowry death
  • poisoning
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • false implication
  • women

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90697 of 2025
                    Arising Out of PS. Case No.-40 Year-2025 Thana- KUCHAIKOTE District- Gopalganj
                 ======================================================
                 Indu Mishra @ Indu Devi Wife of Harendra Mishra Resident of Village-
                 Dayaram Mathiya, P.S.- Kuchaikote, District- Gopalganj

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Rakesh Kumar Pandey, Advocate
                                                  Ms. Sushmita Mishra, Advocate
                 For the Opposite Party/s :       Mr.Raj Ballabh Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   11-03-2026               1.     Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                             2.     The petitioner seeks bail in a case registered for the

                   offences punishable under Sections 69, 108 and 3(5) of the

                   Bharatiya Nyaya Sanhita, 2023.

                             3.     Learned counsel for the petitioner submits that the

                   petitioner is a person with clean antecedent and is a woman and

                   is in custody since 4-9-2025 and the informant alleges that his

                   sister was having an affairs with Suraj (son of petitioner) for the

                   last three years, further on account of the relationship, she

                   became pregnant, it is next alleged that petitioner and her family

                   members gave some medicine to Kajal on account of which

                   there was miscarriage, further when the mother and the sister of

                   the informant insisted for marriage of Kajal with Suraj, it is
Patna High Court CR. MISC. No.90697 of 2025(2) dt.11-03-2026
                                            2/3




          alleged that the petitioner and his family members demanded

          dowry, thereafter the mother of the informant somehow gave

          rupees two lakh fifty thousand to the petitioner and her family

          members but they did not become ready for marriage and

          demanded more dowry and asked them to come to their house

          for negotiating the marriage, accordingly on 30-1-2025, the

          mother and the sister of the informant went to the house of the

          accused persons and the accused persons kept them in deception

          and gave poison to both of them and when their condition

          deteriorated, they were brought to hospital by other persons and

          both mother and sister of the informant subsequently died.

                   4.     Learned counsel for the petitioner submits that

          petitioner has been falsely implicated in the instant case being

          mother of Suraj. It is next submitted that it does not appear

          probable that mother and sister of the informant would have

          been called in the house and they would have been poisoned. It

          is further submitted that no prudent person would commit such

          an occurrence inside her own house and would create evidence

          against herself. It is also submitted that since petitioner and her

          family members were not ready for marriage of Suraj with sister

          of the informant, as such the mother and the sister of the

          informant consumed poison and they died. It is fairly submitted
              Patna High Court CR. MISC. No.90697 of 2025(2) dt.11-03-2026
                                                          3/3




                        that mother and sister of the informant had come to the house of

                        the petitioner with a view to persuade the petitioner and her

                        family members for marrying Kajal with Suraj, but then

                        petitioner and her family members were not ready to open the

                        door of the house and as such they consumed poison outside the

                        house. It is next submitted that the thrust of the allegation is

                        against Suraj. It is further submitted that father of Suraj, namely,

                        Harendra Mishra @ Harendra Kumar Mishra had approached

                        this Court seeking regular bail by filing Cr. Misc No. 37515 of

                        2025 and the same came to be allowed by an order dated 18-6-

                        2025 by a learned Co-ordinate Bench.

                                 5.     Considering the submission made by learned

                        counsel for the petitioner, let the petitioner above named be

                        released on bail on furnishing bail bond of Rs. 10,000/- (Rupees

                        Ten Thousand) with two sureties of the like amount each to the

                        satisfaction of the learned trial court where the case is

                        pending/successor court in connection with Kuchaikote PS Case

                        No.40 of 2025.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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