Sitabiya Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27425 of 2025 Arising Out of PS. Case No.-102 Year-2024 Thana- Panchanpur District- Gaya ====================================================== Sitabiya Devi Wife of Bachhu Yadav Resident of village - Gajadhar Bigha, P.S.- Panchanpur, District - Gaya.
... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anil Kumar Saxena, Advocate For the Opposite Party/s :
Mr.Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 19-05-2025 Heard the parties.
2. The petitioner is apprehending arrest in connection with Panchanpur P.S. Case No. 102 of 2024 instituted under Sections 80/3(5) of BNS lodged on 02.09.2024 by the informant, Gulabchand Yadav.
3. As per the prosecution story, the informant alleged that the deceased was married to one Arun Kumar in the year 2023 but she was always tortured for dowry and on 31.08.2024, the informant came to know about her death. This led to FIR after most mortem, cremation.
4. Learned counsel for the petitioner submits that she is the mother-in-law living respectively, no specific role has been assigned to her, the husband is in custody since 24.12.2024.
Patna High Court CR. MISC. No.27425 of 2025(2) dt.19-05-2025 2/3
5. Learned APP opposes the prayer submitting that the killing took place within a year of marriage.
6. Considering the submissions of the parties as also that perusal of FIR shows that nothing has been alleged against this petitioner, is a lady, the husband is in custody, in that background, this Court is inclined to extend him the privilege of anticipatory bail.
7. Let the petitioner be released on bail, in the event of his arrest or surrender before the subordinate court within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each in connection with Panchanpur P.S. Case No. 102 of 2024 to the satisfaction of learned ACJM-IV, Gaya subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also the other conditions.
(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner 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 bail bond by the Trial Court itself;
Patna High Court CR. MISC. No.27425 of 2025(2) dt.19-05-2025 3/3 (iii) the petitioner shall co-operate in the investigation and make himself available to the police as and when required; (iv) the petitioner 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;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Ravi/- U T