Anita Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1326 of 2026 Arising Out of PS. Case No.-148 Year-2025 Thana- SRIPUR District- Gopalganj ====================================================== 1.
Anita Devi W/o Nagendra Yadav R/o Village - Ahirauli , P.S - Sripur, District - Gopalganj 2.
Gita Devi W/o Munna Yadav @ Munna Kumar Yadav R/o Village - Ahirauli , P.S - Sripur, District - Gopalganj 3.
Priyanka Devi W/o Amarjeet Yadav R/o Village - Ahirauli , P.S - Sripur, District - Gopalganj 4.
Yasoda Devi @ Yashoda Devi @ Sarda Devi @ Sharda Devi W/o Shyambahadur Yadav @ Shyambahadur Chaudhary R/o Village - Ahirauli , P.S - Sripur, District - Gopalganj 5.
Shyam Bahadur Yadav @ Shyam Bahadur Chaudhary S/o Late Jeeta Chaudhary R/o Village - Ahirauli , P.S - Sripur, District - Gopalganj 6.
Seema Devi W/o Nagendra Yadav R/o Village - Ahirauli , P.S - Sripur, District - Gopalganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Lokesh Kumar Singh, Advocate For the State :
Mr. Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 17-02-2026 Heard Mr. Lokesh Kumar Singh, learned counsel for the petitioners and Mr. Brajendra Nath Pandey, learned APP for the State.
2. The petitioners are apprehending their arrest in connection with Sripur P.S. Case No. 148 of 2025, F.I.R. dated 17.06.2025 registered for the offences punishable under Sections80(2), 238, 3(5) of the B.N.S., 2023 and Sections 3 and 4 of the Dowry Prohibition Act, 1961.
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3. Allegation against the petitioners is of committing torture and causing death of the daughter of the informant due to non-fulfillment of demand of dowry.
4. Learned counsel for the petitioners submits that the petitioners have clean antecedents and they have been falsely implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioners have not committed any offence as alleged in the F.I.R. It appears from the F.I.R. itself that the informant is not an eye witness of the alleged occurrence and merely on the basis of suspicion the petitioners have been made accused in the present case. From perusal of the F.I.R. it appears that there is no specific allegation of any assault or overt act or demand of dowry attributed against these petitioners rather there is general and omnibus allegation against all the accused persons including the petitioners. Petitioner no. 1 is cousin mother-in-law, petitioner nos.
2 and 3 are sisters-in-laws, petitioner no. 4 is mother-in-law, petitioner no. 5 is father-in-law and petitioner no. 6 is married sister-in-law of the deceased. The husband of the deceased is in judicial custody since 17.06.2025 who happens to be son of petitioner no. 4 and 5.
5. Learned APP for the State has opposed the prayer
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6. Considering the facts and circumstances of the case and the fact that the petitioners having clean antecedents and they are in-laws of the deceased as well as husband of the deceased is in judicial custody since 17.06.2025 and there is no specific allegation of any assault or overt act or demand of dowry attributed against these petitioners, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-XIV, Gopalganj in connection with Sripur P.S. Case No. 148 of 2025, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure/ Section 482(2) of BNSS, 2023 and with other following conditions :-
(1) Petitioners 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 their absence on two consecutive dates without sufficient reason, their bail bonds shall be cancelled by the
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(2) If the petitioners tamper with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.
(3) And, further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage, it is found that the petitioners have concealed their criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioners. 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) Ibrar//- U T