Shanichari Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34421 of 2025 Arising Out of PS. Case No.-77 Year-2025 Thana- NAANPUR District- Sitamarhi ====================================================== Shanichari Devi W/o Late Bipat Mahto R/o Village- Mohni Sakrauli, PSNanpur, Dist- Sitamarhi. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Gita Devi W/o Ashok Mahto R/o vill - Samdhiniya, P.S.- Jale, Distt.- Darbhanga.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Hans Lal Kumar, Advocate For the Opposite Party/s :

Mr.Jagdhar Prasad, APP For the Informant :

Mr. Alok Kumar Alok, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 15-09-2025 Heard learned counsel appearing on behalf of the petitioner, learned APP appearing on behalf of the State and learned counsel appearing on behalf of the informant.

2. The petitioner seeks bail in connection with Nanpur P.S. Case No. 77/2025, registered for the offence under Section 80, 3(5) of B.N.S.

3. The accused/petitioner is named in the F.I.R. and is in custody since 19.02.2025.

4. As per FIR, the daughter of the informant died in her matrimonial home within seven years of marriage.

5. Learned Counsel appearing on behalf of the petitioner submitted that from the bare perusal of FIR, it can be gathered easily that there was no dowry demand on part of any of the co-

Patna High Court CR. MISC. No.34421 of 2025(4) dt.15-09-2025 2/3 accused. It is submitted that the petitioner being mother-in-law claimed to live separately with deceased and her husband, having no connection with their daily and domestic affairs. It is submitted that the daughter-in-law of the petitioner died out of her ailment and her last ritual was performed in presence of her parents but as an afterthought, the present false implication was raised, making whole family members as accused with present crime in question. It is submitted that due to certain confusions the present case was lodged, which after realization of correctness, the informant retracted from her earlier version and, thereafter, a compromise was filed before the court of learned S.D.J.M., Pupri, Sitamarhi on 21.05.2025. While concluding argument, it is submitted that investigation of this case is already completed, for which chargesheet has been submitted, as such, there is no chance of tampering with the evidence and, moreover, petitioner is a lady of clean antecedent.

6. Learned APP duly assisted by learned counsel Mr. Alok Kumar Alok, appearing on behalf of the informant while opposing the prayer of bail submitted that petitioner being motherin-law actively participated in occurrence. Learned counsel for the informant also approved the factum of compromise as submitted aforesaid.

Patna High Court CR. MISC. No.34421 of 2025(4) dt.15-09-2025 3/3

7. Considering the aforesaid factual submissions and by taking note of fact as the allegation of demand of dowry prima facie not appears available from the face of FIR, coupled with the fact that investigation of this case is already completed, where petitioner being mother-in-law, remains in custody since 19.02.2025, accordingly, petitioner above named, is directed to be released on bail in connection with Nanpur P.S. Case No. 77/2025, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Sadar, Sitamarhi/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C./Section 480(3) of BNSS.

(Chandra Shekhar Jha, J) veena/- U T