Gita Devi @ Asha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80066 of 2025 Arising Out of PS. Case No.-320 Year-2024 Thana- BAJPATTI District- Sitamarhi ====================================================== Gita Devi @ Asha Devi, aged about 60 years, Female, Wife of Bhola Sah, Resident of Village- Mahmadpur, P.S.- Bajpatti, Dist- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Jha, Advocate For the Opposite Party/s :

Mrs. Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 21-01-2026 Heard learned counsel for the petitioner, learned APP for the State, perused the case diary and postmortem report of the deceased, namely, Rangeela Devi.

2. The petitioner is in custody in a case registered for the offence punishable under Sections 80 and 3(5) of the BNS Act.

3. As per allegation in the FIR, it is a case of dowry death of the deceased, namely, Rangila Devi due to nonfulfilment of dowry demand by the petitioner and her family members.

4. Learned counsel for the petitioners submits that petitioner has falsely been implicated in this case. He next submits that petitioner is a lady and she is mother-in-law of the

Patna High Court CR. MISC. No.80066 of 2025(4) dt.21-01-2026 2/2 deceased and she has got clean antecedent as stated in para-3 of the petition and she is in custody since 24.12.2024.

5. Learned APP for the State opposes the prayer for bail of this petitioner and submits that petitioner has demanded motorcycle and due to the non-fulfilment of the dowry demand they killed the deceased.

6. On perusal of the FIR, case diary, postmortem report of the deceased and impugned order dated 27.08.2025, it appears that the deceased was killed by her mother-in-law and her family members as the hands of the deceased was found tied behind the back and there were multiple injuries on the body of the deceased and postmortem report shows that the cause of death of the deceased was due to asphyxia leading to CR failure as a result of a neck injury(strangulation) produced by rope like ligature and several witnesses have supported the case of the prosecution, therefore, I am not inclined to grant bail to the petitioner.

7. Accordingly, the prayer for bail of the petitioner is hereby rejected.

(Ramesh Chand Malviya, J) Brajesh Kumar/- U T