Patna High Court

Kundani DeviversusThe State of Bihar

Decided: 30 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court granted anticipatory bail to the petitioner subject to the stipulated conditions.

Summary

Kundani Devi, the mother‑in‑law of a deceased woman, was implicated in a dowry‑death case registered under Sections 80, 61(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. She contended that the allegations against her were vague, she had no criminal antecedent and was merely a separate business entity from the accused husband. The State opposed her request for anticipatory bail, while the petitioner’s counsel highlighted that another co‑accused had already been granted anticipatory bail. The Court examined whether the petition satisfied the requirements for anticipatory bail and found no specific charge against her. Accordingly, the Court ordered that she be released on anticipatory bail upon furnishing a bond of Rs.15,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issues considered

Whether the petitioner is entitled to anticipatory bail despite the vague allegations in the dowry‑death case
Whether the petition satisfies the criteria under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
Bharatiya Nyaya Sanhita, 2023 — s. 3(5), 61(2), 80

Subjects

anticipatory bail
dowry death
criminal procedure
Bharatiya Nyaya Sanhita
Bharatiya Nagarik Suraksha Sanhita
Section 80
Section 61(2)
Section 3(5)
Section 482(2)
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91984 of 2025
                     Arising Out of PS. Case No.-30 Year-2025 Thana- DEOKUND District- Aurangabad
                 ======================================================
                 Kundani Devi W/o Vinod Prasad R/o Village - Nauranga, P.S - Deokund,
                 District - Aurangabad

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Amrit Lal, Advocate
                 For the Opposite Party/s :       Mr. Kalyan Shankar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

3   30-01-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner apprehends arrest in Deokund P.S.

                   Case No. 30 of 2025, registered under Sections 80, 61(2) and

                   3(5) of the Bharatiya Nyaya Sanhita, 2023.

                                3. The prosecution case, in short, is that daughter of

                   the informant has been done to death at her matrimonial house

                   by her in-laws due to non-fulfillment of the demand of dowry.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. Learned counsel for the petitioner also submits that

                   no specific allegation has been attributed against the petitioner

                   rather the same is general and omnibus in nature. It is next
             Patna High Court CR. MISC. No.91984 of 2025(3) dt.30-01-2026
                                                         2/2




                       submitted that the petitioner is mother-in-law. The petitioner is

                       separate in mess and business from the husband of the deceased.

                       The petitioner has got no criminal antecedent. Learned counsel

                       for the petitioner further submits that other co-accused has been

                       granted anticipatory bail by this Court vide order dated

                       16.01.2026 passed in Cr. Misc. No. 90730 of 2025.

                                    5. Learned APP for the State has vehemently opposed

                       the prayer for grant of bail to the petitioner.

                                    6. Considering the aforesaid facts and circumstances,

                       let the petitioner, above named in the event of arrest/surrender

                       before the learned Court below within a period of six weeks

                       from today, be released on anticipatory bail on furnishing bail

                       bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two

                       sureties of the like amount each to the satisfaction of Court

                       below/concerned Court in connection with Deokund P.S. Case

                       No. 30 of 2025, subject to the conditions as laid down under

                       Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita,

                       2023.



                                                                   (Rudra Prakash Mishra, J)
Rajorshi/-

U       T

Continue reading with your account

Checking your session…