Patna High Court
Kunti DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court allowed the petitioner's application for regular bail.
Summary
Kunti Devi, the mother‑in‑law of the deceased, was arrested in connection with a case registered under Sections 304B and 34 of the Indian Penal Code alleging dowry‑related murder. She applied for regular bail, contending that the deceased had committed suicide, as indicated by the post‑mortem report showing only hanging marks and no external injuries. The prosecution opposed bail, asserting that she had tortured and killed the victim. The court noted the general and omnibus nature of the allegations, the length of her custody since January 2025, and the lack of trial progress, having only framed charges. Considering these factors, the court granted regular bail, directing her to furnish a bail bond of Rs. 10,000 with two sureties of equal amount.
Issues considered
- Whether regular bail can be granted to the accused in a dowry‑death case under IPC Sections 304B and 34 given the allegations, custody period, and trial delay.
Legislation cited
- Indian Penal Code — s. 304B, 34
Subjects
- regular bail
- dowry death
- IPC 304B
- IPC 34
- criminal procedure
- trial delay
- suicide claim
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91732 of 2025
Arising Out of PS. Case No.-237 Year-2020 Thana- HASANPUR District- Samastipur
======================================================
Kunti Devi W/o Tanuk Lal Paswan R/o Village- Kokni, P.S- Hasanpur, Dist-
Samastipur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Lovekush Kumar
For the Opposite Party/s : Mr. Nawal Kishore Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 16-02-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Hasanpur P.S. Case No. 237 of 2020 registered for the offence
under Section(s) 304B/34 of the Indian Penal Code.
3. As per the prosecution case, the petitioner is the
mother-in-law of the deceased and she along with others is
accused of killing the deceased.
4. Learned counsel for the petitioner submits that the
petitioner is a lady and is in custody since 09.01.2025. He
further submits that the deceased had committed suicide which
is apparent from the post-mortem report and he further submits
that there is no external injury except the mark of hanging.
There is general and omnibus allegation against the petitioner
Patna High Court CR. MISC. No.91732 of 2025(3) dt.16-02-2026
2/2
and in the trial only charge has been framed and the trial is not
progressing.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail and has submitted that the petitioner
is the mother-in-law of the deceased and she is accused of
torturing and killing the deceased.
6. Considering the general and omnibus allegation,
the period of custody and the delay in the trial, this application
for regular bail is allowed.
7. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned A.D.J.-I, Rosara,
Samastipur/concerned Court below in connection with Hasanpur
P.S. Case No. 237 of 2020.
(Sandeep Kumar, J)
Shishir/-
U T
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