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Patna High CourtCR. MISC./48294/2026allowed

Priyanka Devi v. The State Of Bihar

2026-07-22Mr. Justice Harish Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48294 of 2026 Arising Out of PS. Case No.-262 Year-2025 Thana- RIGA District- Sitamarhi ====================================================== Priyanka Devi W/O Chunnu Kumar R/O Village- Ufrouliya Tola, Ward no.- 01, Post- Barahi, P.S.- Riga, Distt.- Sitamarhi, Bihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dharmendra Kumar Paswan, Advocate Mr. Amar Kumar, Advocate Ms. Deepshikha, Advocate Mr. Suraj Kumar, Advocate For the Opposite Party/s :

Mr. Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 22-07-2026 Heard learned Advocate for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends his arrest in connection with Riga P.S. Case No. 262 of 2025, registered for the offenses punishable under Sections 80, 238 and 3(5) of the B.N.S., 2023.

3. The marriage of the informant's daughter was solemnized with co-accused Sajan Mahto on 11.03.2024. Allegedly the co-accused persons were engaged in causing physical assault/torture to the daughter of the informant owing to non fulfillment of dowry demand and finally on 10.07.2025 she was done to death by strangulation. In order to cause disappearance of evidence, the co-accused persons without giving any information to the informant, started cremation of

Patna High Court CR. MISC. No.48294 of 2026(2) dt.22-07-2026 2/3 her daughter, in the meanwhile, the police reached and found the partial burnt body, which was sent for post-mortem.

4. Learned Advocate for the petitioner submitted that the petitioner is none else but the wife of the husband's younger brother (gotni). The petitioner has no concern with the day to day affairs of the deceased and her husband, and in fact she has living separate in residence, mess and business. So far the husband of the deceased is concerned, he has been taken into custody and now incarcerated behind the bar. During post-mortem it has come that the death has caused on account of asphyxia leading to cardio respiratory failure as a result of hanging. The petitioner is a lady having fair antecedent and she undertakes that she will fully cooperate in the proceeding of the Court.

5. On the other hand, learned Advocate for the State vehemently opposed the bail application and submitted that the deceased died within a year of the marriage in the matrimonial home and preceding her death there was demand of dowry and, as such, dowry death cannot be ruled out. The petitioner being gotni of the deceased, facing accusation that she was also involved in causing torture.

6. Regard being had to the submissions made on behalf of the parties and considering the fact that the petitioner

Patna High Court CR. MISC. No.48294 of 2026(2) dt.22-07-2026 3/3 happens to be wife of younger brother of the husband of the deceased and she had been residing separately, besides the postmortem report suggests that the cause of death is hanging, let the petitioner above named be released on bail, in the event of her arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-1, Sitamarhi in connection with Riga P.S. Case No. 262 of 2025, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023, with the further condition that one of the bailors shall be the own/close family members of the petitioner.

(Harish Kumar, J) siddharth/- U T