Shanti Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40184 of 2025 Arising Out of PS. Case No.-568 Year-2024 Thana- MALSALAMI District- Patna ====================================================== 1.
Shanti Devi Wife of Sanjay Sharma Resident of Noorpur Rikabganj, POKatra Bazar Samiti, Simli Murarpur, PS- Maalsalami, District- Patna 2.
Sanjay Sharma Son of Ram Vilash Sharma Resident of Noorpur, Rikabganj, P.O.-Katra Bazar Samiti, Simli Murarpur, P.s.- Maalsalami, Distt.- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioners :
Mr. Ravi Bhardwaj, Advocate For the State :
Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-11-2025 Heard learned counsel appearing on behalf of the petitioners and learned APP appearing on behalf of the State.
2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 85, 140(1), 61(2) and 3(5) of the B.N.S. and Sections 3 and 4 of the Dowry Prohibition Act.
3. It is a case of dowry death. As per prosecution case, informant alleged that marriage of his sister was solemnized with co-accused Jai Prakash Sharma in the year 2023 and thereafter, all the F.I.R. named accused persons, including these petitioners, committed torture and harassment with the victim due to non-fulfillment of demand of dowry and subsequently, all
Patna High Court CR. MISC. No.40184 of 2025(5) dt.20-11-2025 2/3 the accused persons committed murder of the victim.
4. It is submitted by learned counsel appearing on behalf of the petitioners that petitioners are quite innocent and have committed no offence. Petitioners have falsely been implicated in this case merely because they happen to be fatherin-law and mother-in-law of the deceased. Petitioners are separate in mess and property and have got no concern with the affairs of the deceased and her husband. Informant is not an eye witness of the alleged occurrence. Allegation of demand of dowry is general and omnibus and no specific accusation of overt act has been alleged against these petitioners. Thrust of accusation is against husband of deceased. Petitioners claim clean antecedents.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioners.
6. Considering the facts and circumstances of the case, general and omnibus nature of accusation and clean antecedents of the petitioners, the prayer for grant of anticipatory bail to the petitioners is allowed.
7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named
Patna High Court CR. MISC. No.40184 of 2025(5) dt.20-11-2025 3/3 petitioners be enlarged 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 Sub-Judge IV-cumA.C.J.M.-IV, Patna City, Patna in connection with Maalsalami P.S. Case No. 568 of 2024, subject to condition as laid down under Section 482(2) of the B.N.S.S..
(Prabhat Kumar Singh, J) shashank/- U T