Patna High Court
Malo DeviversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The Court held that anticipatory bail could not be granted because the petitioner faced direct allegations of involvement in a dowry‑related homicide.
Summary
Malo Devi, the mother‑in‑law of a deceased individual, was implicated in a dowry‑related homicide under Sections 80(2) and 3(5) of the Bihar Narcotic Substances Act and Section ¾ of the Dowry Prohibition Act. She filed an anticipatory bail application fearing arrest in connection with PS Hilsa Case No. 558 of 2025. The prosecution alleged that she, along with others, murdered the deceased to demand dowry. The Court examined the direct nature of the allegations against her and found them sufficient to deny anticipatory bail. Consequently, the application for anticipatory bail was dismissed, and the petitioner was ordered to surrender within four weeks and seek regular bail, failing which the police were directed to arrest her.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under Sections 80(2) and 3(5) of the BNS Act and Section ¾ of the D.P. Act in view of the direct allegations of dowry‑related murder.
Legislation cited
- Bihar Narcotic Substances Act — s. 3(5), 80(2)
- Dowry Prohibition Act — s. ¾
Subjects
- anticipatory bail
- dowry death
- criminal procedure
- high court
- bail denial
- sections 80
- section 3
- section ¾
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91098 of 2025
Arising Out of PS. Case No.-558 Year-2025 Thana- HILSA District- Nalanda
======================================================
Malo Devi W/o Vilash Ravidas Resident of Village - Bhokilapar, P.S. - Hilsa,
District - Nalanda
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shyamal Prakash
For the Opposite Party/s : Mr.Pawan Kumar Chaurasia
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioner, learned
counsel for the informant and learned APP for the State.
2. The petitioner apprehends her arrest in connection
with Hilsa P.S. Case No. 558 of 2025 registered for the offence
under Sections 80(2), 3(5) of the BNS and under Sections ¾ of
the D.P. Act.
3. As per the prosecution case, the petitioner, who
is mother-in-law of the deceased, along with others, is said to
have killed the deceased for demand of dowry.
4. Considering the direct allegation levelled
against the petitioner, this Court is not inclined to grant
anticipatory bail to the petitioner.
5. Accordingly, this application for anticipatory
bail is dismissed.
Patna High Court CR. MISC. No.91098 of 2025(2) dt.28-01-2026
2/2
6. The petitioner is directed to surrender in the Court
below within four weeks from today and pray for regular bail
failing which the Superintendent of Police, Nalanda will take all
steps for arrest of the petitioner.
7. Let a copy of this order this order be
communicated to the Superintendent of Police, Nalanda through
FAX for its compliance.
(Sandeep Kumar, J)
Vikas/-
U
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