Shobha Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31787 of 2025 Arising Out of PS. Case No.-171 Year-2024 Thana- NALANDA District- Nalanda ====================================================== 1.
Shobha Devi, W/o Manoj Chaudhary, R/o Village- Sadhbhawana Nagar, Panhaisa, P.S.- Nalanda, District- Nalanada , Bihar 2.
Puja Devi, W/o Dharamvir Chaudhary, R/o Village- Sadhbhawana Nagar, Panhaisa, P.S.- Nalanda, District- Nalanda, Bihar ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Renu Devi, Age - 52 yrs Female W/o- Late Dinesh Chaudhary, Resident of village - Durgapur PS - Giriyak Distt - Nalanda. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anjani Kumar, Advocate For the Opposite Party/s :
Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 20-08-2025 Heard the parties.
2. The petitioners are apprehending their arrest in connection with Nalanda Town P.S. Case No. 171 of 2024 registered for the offences punishable under Sections 80(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. Allegedly the marriage of the daughter of the informant was solemnized with co-accused Pradip Chaudhary. At the time of marriage, sufficient amount of dowry along with gift, as stated in the F.I.R., were given to the accused persons. Despite the aforesaid, the accused persons; nonetheless, the demand of dowry and finally the daughter of the informant was
Patna High Court CR. MISC. No.31787 of 2025(3) dt.20-08-2025 2/3 done to death on 20.01.2024.
4. Learned Advocate for the petitioners submitted that petitioner no.1 is the married sister-in-law, whereas petitioner no.2 is the Jethani of the deceased. Save and except the omnibus nature of allegation against all the family members, there is no allegation of any overt act; and only suspicion has been raised that the deceased was done to death by all the family members. It has also been informed to this Court that during the course of post-mortem, the doctor opined the cause of death as Asphyxia, due to hanging and there was no mark of violence over the body of the deceased. The husband of the deceased is under judicial custody since 21.10.2024. The petitioners have no concerned with the day-to-day affairs of the deceased and her husband.
5. On the other hand, learned APP for the State vehemently opposes the bail application and submits that the daughter of the informant was subjected to torture and she was done to death within two years of marriage and just before the occurrence, there was a demand of dowry and, as such, dowry death cannot be ruled out.
6. Having considered the submissions set forth by the learned Advocate for the respective parties and taking note of
Patna High Court CR. MISC. No.31787 of 2025(3) dt.20-08-2025 3/3 the omnibus nature of allegation, coupled with the relationship, as also the fact that the husband of the deceased is behind the bar, let the petitioners, named above, in the event of their arrest or surrender before the court below within four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned District and Additional Sessions JudgeIII, Nalanda in connection with Nalanda Town P.S. Case No. 171 of 2024, subject to the condition as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 with the further condition that one of the bailors shall be the own/close relative of the petitioners.
(Harish Kumar, J) uday/- U T