Dismissed¶23

Usha Devi v. The State of Bihar

Patna HC28 Jan 2026CR. MISC./3365/2026

Case brief

AI extract

What is this about?

Patna High Court, Criminal Miscellaneous No.3365 of 2026, decided 28-01-2026 by Partha Sarthy, J. Anticipatory bail refused to Usha Devi (mother-in-law of deceased) in dowry-death case under Sections 80(2) and 3(5) BNS 2023; surrender within four weeks directed; future regular bail to be considered on merits without prejudice. Keywords: anticipatory bail rejection, dowry death, throttling, BNS 80(2), Bihar.

What did the court decide?

Taking into consideration the allegation in the F.I.R., the petitioner being the mother-in-law of the deceased, and the postmortem findings recorded in the order of the Court below (death by suffocation from throttling), the Court declined to enlarge the petitioner on anticipatory bail and rejected the application. ¶23

Usha Devi Vs The State of Bihar — Patna HC (2026) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.3365 of 2026

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Arising Out of PS. Case No.-361 Year-2025 Thana- UDWANTNAGAR District- Bhojpur

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Usha Devi, W/o- Chandralok Singh, Resident of Village- West Nima, Police Station- Udwant Nagar, District- Bhojpur

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance :

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For the Petitioner/s : Mr. Ashok Kumar Singh, Advocate For the Opposite Party/s : Mr. Sanjay Kumar Tiwary, APP

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CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY

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ORAL ORDER

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2 28-01-2026

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Heard learned counsel for the parties.

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The petitioner has preferred this application for

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grant of anticipatory bail apprehending her arrest in connection with Udwant Nagar P.S. Case no.361 of 2025 registered under sections 80(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023,

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As per the prosecution case, the informant states that his daughter was married to the son of the petitioner herein. The accused persons including the petitioner tortured his daughter for non-fulfillment of the demand of dowry by way of a gold chain and a motorcycle. She was ultimately done to death.

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It is submitted by learned counsel for the petitioner that the petitioner, who happens to be the old mother-in-law of the deceased, has been falsely implicated in the case. Besides

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Patna High Court CR. MISC. No.3365 of 2026(2) dt.28-01-2026 2/3

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the allegations being general and omnibus in nature, the petitioner lives separately from her son and the deceased daughter-in-law and has no concern with their day to day affairs. The allegations against the petitioner are false and concocted and all the family members/relatives have thus been made accused in the case. The petitioner who is a lady has no criminal antecedent and undertakes to cooperate in the investigation.

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The application for anticipatory bail is opposed by learned A.P.P. for the State.

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Having heard learned counsel for the parties and taking into consideration the allegation against the petitioner in the F.I.R, the petitioner being the mother-in-law of the deceased together with the contents of the postmortem report which finds mention in the order of the learned Court below wherein the death is said to have been caused due to suffocation arising out of throttling of neck of the deceased, the Court is not inclined to enlarge the petitioner on anticipatory bail and the application is rejected.

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