Kajal Devi @ Sankari Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29276 of 2026 Arising Out of PS. Case No.-208 Year-2025 Thana- TURKI KHARARU DistrictMuzaffarpur ====================================================== Kajal Devi @ Sankari Devi W/o Devnandan Mahto R/O Vill.- Tarsan, P.s.- Turki, Dist.- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arvind Kumar For the Opposite Party/s :
Mr. Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 06-05-2026
1. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Turki Police Station Case No. 208 of 2025, dated 09.08.2025, disclosing offences under Sections 80(2)/3(5) of the Bhartiya Nyaya Sanhita.
3. That the prosecution case, in brief, is that marriage of the informant's daughter (deceased) solemnized with coaccused Ajay Kumar on 12.11.2024. After the marriage, the accused persons subjected her to cruelty, assault and torture. On 07.08.2025, after bidagri from her parental home on 06.08.2025, she died in her matrimonial home, and was seven months pregnant. It has further been
Patna High Court CR. MISC. No.29276 of 2026(2) dt.06-05-2026 2/3 alleged that the deceased has been killed by the accused persons.
4. Learned senior counsel for the petitioner submits that the petitioner is mother-in-law of the deceased and she has not committed any offence in the manner alleged. He next submits that deceased has committed suicide and neither external or internal injury nor signs of assault or force has been found on the body of deceased in post-mortem report. He further submits that viscera has been preserved for FSL report.
5. I have heard learned counsel for the parties and have perused the materials available on record.
6. From perusal of the impugned order, it appears that within nine months of marriage the deceased died in her matrimonial home. There is allegation of demand of dowry and torture and just prior to the death of the deceased on 07.08.2025 and there is close proximity of time between the death of the deceased and torture/assault to her for dowry. The nature of the death is not important whether it is homicidal, suicidal or accidental, but the fact is that deceased died an unnatural death within nine months of her marriage in her matrimonial home. There is
Patna High Court CR. MISC. No.29276 of 2026(2) dt.06-05-2026 3/3 presumption against the accused persons under Section 117 and 118 of the Bharatiya Sakshya Adhiniyam, 2023. The petitioner is mother-in-law of the deceased and allegation is of dowry death.
7. Considering the aforesaid and nature of allegation, I am not inclined to grant the petitioner the privilege of anticipatory bail.
8. This bail application is, accordingly, rejected. (Anil Kumar Sinha, J) ashwani/- U T