Mamta Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11327 of 2026 Arising Out of PS. Case No.-283 Year-2025 Thana- AMNAUR District- Saran ====================================================== 1.
Mamta Devi S/O Sri Ram Sewak Rai R/O Village- Mani Srisiya, P.s.- Amnaur, District- Saran 2.
Ram Sewak Rai S/O Late Ramjit Ray R/O Village- Mani Srisiya, P.s.- Amnaur, District- Saran ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Thakur Mr. Shivam Mr. Purushottam Kumar For the Opposite Party/s :
Mr. Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 01-04-2026 Heard learned counsel for the parties.
2. The petitioners are apprehending their arrest in connection with Amnaur P.S. Case No.283 of 2025 dated 21.09.2025, registered for the offence punishable under Sections 85, 80(2), 3(5) of the Bharatiya Nyaya Sanhita and Sections 3, 4 of the Dowry Prohibition Act.
3. As per the FIR, the petitioners are said to have killed the daughter of informant on the pretext of nonfulfillment of demand for dowry.
4. It is submitted by learned counsel for the petitioners that the petitioners are innocent and have committed no offence. They have been falsely implicated in this case. The allegations levelled against the petitioners are not specific;
Patna High Court CR. MISC. No.11327 of 2026(3) dt.01-04-2026 2/3 rather, they are general and omnibus in nature. It is further submitted that petitioner nos. 1 and 2 are the mother-in-law and father-in-law, respectively, of the deceased, and the husband of the deceased is already in judicial custody since 22.09.2025. The cause of death is said to be hanging, which finds support from the F.S.L. report as well as the post-mortem report. It is further submitted that out of the wedlock between the deceased and the son of the petitioners, there is a 10-month-old son, who is presently living with the family of the petitioners. Lastly, it is submitted that the petitioners have no criminal antecedents.
5. Learned APP for the State opposed the prayer for anticipatory bail.
6. Taking into account that the allegations are general and omnibus, and husband of the deceased is already in judicial custody and the 10 month old son of the deceased is being looked after by the family of the petitioners, 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 four 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 court below where the case is pending/Successor Court in
Patna High Court CR. MISC. No.11327 of 2026(3) dt.01-04-2026 3/3 connection with Amnaur P.S. Case No.283 of 2025, 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. (Ajit Kumar, J) shikha/- U T