Gouri Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22882 of 2026 Arising Out of PS. Case No.-121 Year-2024 Thana- AKBARNAGAR District- Bhagalpur ====================================================== 1.

Gouri Devi W/o Rakesh Das @ Rakesh Kumar Das 2.

Parwati Devi W/o Shankar Das Both R/o Village - Akbarnagar, P.S - Akbarnagar, District - Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar Sinha, Advocate : Mr.Rounak Kumar Singh Pankaj, Advocate For the Opposite Party/s :

Ms.Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 08-04-2026 Heard Mr.Pankaj Kumar Sinha, learned counsel for the petitioners and Ms.Suman Kumari Singh, learned Additional Public Prosecutor for the State.

2. The petitioners seek bail, who are in custody since 02.01.2026 in connection with Akbarnagar P.S. Case No. 121 of 2024, F.I.R. dated 27.10.2024 registered for the offence punishable under Sections 80, 3(5) of BNS.

3. Allegation against the petitioners is that they alongwith other co-accused persons have in furtherance of their common intention committed the dowry death of the daughter of the informant.

4. Learned counsel appearing for the petitioners submits that the petitioners have clean antecedent. The

Patna High Court CR. MISC. No.22882 of 2026(2) dt.08-04-2026 2/3 allegation as alleged in the FIR is false and fabricated and the petitioners have not committed any offence as alleged in the FIR. From a bare perusal of the FIR it appears that the date of occurrence as alleged in the FIR is 23.10.2024 but the present FIR has been instituted on 27.10.2024 after delay of three days without giving any explanation of delay afterthought only to falsely implicate the petitioners. Further submits that from a bare perusal of the FIR it appears that there is no specific allegation of any assault, overt-act or demand of dowry attributed against the petitioners and the husband of the deceased, namely, Santosh Kumar, who happens to be the son of petitioner No.2, is in judicial custody since 02.01.2026 and the police, after investigation, submitted chargesheet against the petitioners and the petitioners are in custody since 02.01.2026.

5. Learned A.P.P. for the State has vehemently opposed the prayer for bail of the petitioners.

6. Considering the aforesaid facts, let the petitioners, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand)each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-1st, Bhagalpur in connection with Akbarnagar P.S. Case No. 121 of 2024, with the following conditions:-

Patna High Court CR. MISC. No.22882 of 2026(2) dt.08-04-2026 3/3 (I) 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 theri absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the Court below. (II) If the petitioners tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(III) 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) Nitesh/- U T