CR. MISC./50604/2026 of Shakuntala Devi Vs The State of Bihar on 20 August 2026

ORAL ORDER

20-08-2026 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners are apprehending their arrest in connection with Kako P.S. Case No.193 of 2018, dated 11.08.2018, registered for the offence punishable under Sections 304B, 201 and 120B of the Indian Penal Code.

3. As per the FIR, the petitioners along with other co-accused persons killed the daughter of the informant on pretext of non-fulfillment of demand for dowry.

Patna High Court CR. MISC. No.50604 of 2026(3) dt.20-08-2026

4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in the present case. It is further submitted that, as per the FIR, the death is said to have taken place on 09.08.2017 and the informant, after the death of his daughter, is stated to have participated in the last rites. Thereafter, for unexplained reasons, the instant case was instituted after a delay of about one year, wherein the entire family members have been implicated. It is further submitted that, on similar allegations, the sister-in-law of the deceased was taken into custody and is presently on bail. There are general and omnibus allegations against the present petitioners. Even the married members of the family, who were residing separately much prior to the alleged incident, have also been made accused. It is further submitted that the petitioners are ready to cooperate with the investigation. Lastly, it is submitted that petitioner no.5 has one criminal antecedent, whereas the remaining petitioners have no criminal antecedents.

5. On the other hand, the learned APP for the State has opposed the prayer for bail of the petitioners.

6. Having regard to the facts and circumstances of the case, particularly the delay of about one year in instituting the FIR and the general and omnibus nature of the allegations, Patna High Court CR. MISC. No.50604 of 2026(3) dt.20-08-2026

let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned SDJM, Jehanabad/Successor Court in connection with Kako P.S. Case No.193 of 2018, subject to the conditions as laid down under Section 482(2) of the BNSS as well as the following conditions:

(i) One of the bailors should be the family member/relative/ known of the petitioner(s) who shall provide official document/ personal affidavit to show his/her bona fide;

(ii) the petitioner(s) shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her/their bail bond by the Trial Court itself;

(iii) the petitioner(s) shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(iv) the petitioner(s) shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds.

shikha/- (Ajit Kumar, J) U T