Mala Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22684 of 2026 Arising Out of PS. Case No.-284 Year-2025 Thana- Bhawanipur District- Bhagalpur ====================================================== Mala Devi W/O Kalanand Das R/O Village- Bhawanipur, P.S.- Bhawanipur, District- Bhagalpur ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranjan Kumar Jha, Advocate For the State :

Mr. Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 07-04-2026 Heard Mr. Ranjan Kumar Jha, learned counsel for the petitioner and Mr. Brajendra Nath Pandey, learned APP for the State.

2. Petitioner seeks bail, who is in custody since 23.12.2025, in connection with Bhawanipur P.S. Case No. 284 of 2025, F.I.R. dated 22.12.2025 registered for the offences punishable under Sections 80, 3(5) of the B.N.S.

3. Allegation against the petitioner is of committing torture and caused death due to non-fulfillment of demand of dowry.

4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and she has been falsely implicated in the present case. It appears from the F.I.R. itself that the informant is not an eye witness of the alleged

Patna High Court CR. MISC. No.22684 of 2026(2) dt.07-04-2026 2/3 occurrence and petitioner has been made accused merely on the ground that the petitioner is mother-in-law of the deceased. From perusal of the F.I.R. it appears that there is no specific allegation of any assault or overt act or demand of dowry attributed against the petitioner rather there is general and omnibus allegation against all the accused persons including the petitioner except the husband of the deceased and husband of the deceased, namely, Arjan Kumar is in judicial custody. He further submits that the police after investigation submitted chargesheet against the petitioner and the petitioner is in custody since 23.12.2025.

5. The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner.

6. Considering the facts and circumstances of the case, 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 learned A.C.J.M. III, Naugachia, Bhagalpur in connection with Bhawanipur P.S. Case No. 284 of 2025, subject to the following conditions :-

(1) Petitioner shall co-operate in the trial and shall be

Patna High Court CR. MISC. No.22684 of 2026(2) dt.07-04-2026 3/3 properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on her absence on two consecutive dates without sufficient reason, her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed her criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Ibrar//- U T