Sarswati Devi @ Saraswati Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14414 of 2026 Arising Out of PS. Case No.-249 Year-2025 Thana- JAMOBAZAR District- Siwan ====================================================== Sarswati Devi @ Saraswati Devi Wife of Mohan Sharma (in FIR aged is wrongly mentioned 35 years), Resident of Village- Basantpur, P.S.- Basantpur, District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kundan Rathore Alias Kundan Kumar For the Opposite Party/s :

Ms.Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 05-05-2026 1.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner seeks bail in a case registered for the offences punishable under Sections 80 and 3(5) of the Bharatiya Nyaya Sanhita.

3.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and is a woman and is in custody since 9-12-2025 and the informant alleges that four years back, his sister was married to Dilip; and after marriage, the victim was being tortured for non-fulfillment of the demand of dowry of Rs.2 lakhs and a motorcycle. It is next alleged that on 18.06.2025, in the night, the accused persons including the petitioner strangulated his sister to death.

Patna High Court CR. MISC. No.14414 of 2026(2) dt.05-05-2026 2/3 4.

Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant being sister-in-law (Nanad) of the deceased. It is next submitted that informant is not an eyewitness to the occurrence and as far as allegation of demand of dowry and torture is alleged, the same is general and omnibus in nature. It is further submitted that the petitioner is married and she along with her husband resides separately from her parental home. It is also submitted that whenever any dispute arises in between the husband and the wife and the occurrence of the nature as alleged takes place, the entire family members are implicated in a mechanical manner with general and omnibus allegation. It is next submitted that if privilege of regular bail is granted to the petitioner, the petitioner will not abscond rather will co-operate in the trial to prove her innocence.

5.

Learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.

6.

Considering the submission made by learned counsel for the petitioner, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is

Patna High Court CR. MISC. No.14414 of 2026(2) dt.05-05-2026 3/3 pending/successor court in connection with Jamo Bazar P.S. Case No. 249 of 2025.

(Satyavrat Verma, J) Sumit/- U T