Patna High Court
Kalawati DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted regular bail to the petitioner on account of prolonged custody and trial delay.
Summary
The petitioner, Kalawati Devi, mother‑in‑law of the deceased, was charged under IPC sections 498A, 363, 364, 304B and the Dowry Prohibition Act in a case registered in 2019. She has been in judicial custody since 28 October 2024 and filed a second application for regular bail. The petitioner’s counsel contended that she was falsely implicated and that the trial had been unduly delayed. The court examined the length of custody, the pending trial, and the seriousness of the offences, and held that the delay violated her right to a speedy trial. Accordingly, the court ordered her release on bail upon furnishing a bond of Rs 10,000 with two sureties. The order was pronounced by Justice Sandeep Kumar.
Issues considered
- Whether the petitioner is entitled to regular bail despite the gravity of the offences
- Whether the delay in trial justifies granting bail
- Whether the petitioner’s right to a speedy trial has been violated
Legislation cited
- Dowry Prohibition Act — s. ¾
- Indian Penal Code — s. 304B, 363, 364, 498A
Subjects
- regular bail
- bail grant
- IPC
- Section 304B
- Dowry Prohibition Act
- trial delay
- right to speedy trial
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90732 of 2025
Arising Out of PS. Case No.-298 Year-2019 Thana- RIVILGANJ District- Saran
======================================================
Kalawati Devi Wife of Lagandeo Rai Resident of Village- Saraidha, P.S.-
Rivilganj, District- Saran at Chapra
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dewendra Narayan Singh
For the Opposite Party/s : Mr.Ram Bilash Roy Raman
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 12-02-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. This is the second attempt for grant of regular
bail in connection with Rivilganj P.S. Case No. 298 of 2019
registered for the offence under Sections 498A, 363, 364 of the
Indian Penal Code and under Section ¾ of the Dowry
Prohibition Act and subsequently, Section 304(B) of the Indian
Penal Code.
3. As per the prosecution case, the petitioner is the
mother-in-law of the deceased and she is said to have killed the
deceased.
4. Learned counsel for the petitioner submits that
the petitioner is innocent and she has falsely been implicated in
this case. He further submits that the trial of the petitioner is
Patna High Court CR. MISC. No.90732 of 2025(2) dt.12-02-2026
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delayed and the petitioner is in custody since 28.10.2024.
5. Considering the period of custody of the
petitioner and the delay in the trial, this application is allowed.
6. Let the petitioner, above named, be released on
bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned Judicial Magistrate, 1st Class, Saran at Chapra
/concerned Court below in connection with Rivilganj P.S. Case
No. 298 of 2019.
(Sandeep Kumar, J)
Vikas/-
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