Patna High Court
Indu Mishra @ Indu DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
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
- Bharatiya Nyaya Sanhita, 2023 — s. 108, 3(5), 69
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
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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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