Kusum Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34099 of 2026 Arising Out of PS. Case No.-94 Year-2025 Thana- SIKRAUL District- Buxar ====================================================== Kusum Devi W/o Satya Pandey @ Vimal Pandey @ Satyanand Pandey Resident of Village- Diwan Ke Barka Gaon, P.S.- Sikraul, Dist.- Buxar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dr. Kamal Deo Sharma, Advocate For the Opposite Party/s :
Mr. Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 15-05-2026 Heard Mr. Dr. Kamal Deo Sharma, learned counsel for the petitioner as well as Mr. Md. Nazir Ansari, learned Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since 14.02.2026 in connection with Sikraul P.S. Case No. 94 of 2025, F.I.R. dated 13.08.2025 registered for the offence punishable under Sections 80(2), 82(1), and 3(5) of BNS,2023.
3. Allegation against the petitioner is that she along with other co-accused persons have in furtherance of their common intention committed the dowry death of the sister of the informant.
4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. The allegation levelled against
Patna High Court CR. MISC. No.34099 of 2026(2) dt.15-05-2026 2/3 the petitioner is false and fabricated. She has been made accused in the present case merely on the ground that she is step sisterin-law (first wife) of the husband of the deceased. It appears from the FIR that although the petitioner is named in the FIR but there is no specific allegation of any assault, overt-act or demand of dowry attributed against the petitioner rather there is general and omnibus allegation against all the accused persons. The mother-in-law, namely, Vidyawati Devi has been granted bail by this Hon'ble Court vide order dated 20.01.2026 passed in Cr. Misc. No. 3083/2026. He further submits that the police after investigation submitted the charge sheet against the petitioner and the petitioner is in custody since 14.02.2026.
5. The learned Additional Public Prosecutor have vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances, petitioner has clean antecedent and there is no specific allegation of any assault, overt-act or demand of dowry attributed against the petitioner rather there is general and omnibus allegation against the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate,
Patna High Court CR. MISC. No.34099 of 2026(2) dt.15-05-2026 3/3 Buxar in connection with Sikraul P.S. Case No. 94/2025, subject to the following conditions:- i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
iii. 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 his criminal antecedent, 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) atul/- U T