Chiraiya Devi @ Janki Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51883 of 2026 Arising Out of PS. Case No.-41 Year-2026 Thana- SIRISIYA District- West Champaran ====================================================== Chiraiya Devi @ Janki Devi W/o Late Kamal Yadav Resident of Vill.- Senwariya, P.S.- Srinagar Sirisiya, Distt.- West Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sitesh Kashyap, Adv.
For the Opposite Party/s :
Mr. Anish Chandra, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJ KUMAR ORAL ORDER 29-07-2026 Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State.
2. The petitioner is seeking regular bail in connection with Sirisiya P.S. Case No. 41 of 2026, registered for the offences punishable under Section 80/3(5) of the BNS.
3. According to FIR, the accused persons including the petitioner used to torture the victim variously for nonfulfillment of dowry demand and ultimately, she was killed by her in-laws.
4. The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in the present case. He has further submitted that the petitioner is mother-in-law of the deceased. The allegation against the petitioner is general and omnibus in nature. He has
Patna High Court CR. MISC. No.51883 of 2026(2) dt.29-07-2026 2/3 also submitted that the specific allegation has been attributed to the husband, namely, Anup Yadav. He has next submitted that, as per the post-mortem report, only one ligature mark has been found and that, it is a case of suicidal death and not of homicidal death. He has further submitted that the petitioner is a person of clean antecedent and has been in judicial custody since 21.02.2026.
5. On the other hand, the learned APP for the State has opposed the prayer for bail, stating therein that the petitioner happens to be the mother-in-law of the deceased.
6. Taking into account the entire facts and circumstances of the case, coupled with the fact that the petitioner is a person of clean antecedent and has been in judicial custody since 21.02.2026, and that the husband of deceased has already been taken into custody, as mentioned in paragraph no. 12 of the bail application, let the petitioner abovenamed, be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-Ist Class/concerned Court, West Champaran in connection with Sirisiya P.S. Case No. 41 of 2026, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of
Patna High Court CR. MISC. No.51883 of 2026(2) dt.29-07-2026 3/3 trial.
(ii) One of the bailors must be close relatives of the petitioner such as husband, son etc.
(iii) The petitioner will appear on each and every date fixed by the trial court and if, she fails to do so on two consecutive dates, unless she is prevented by extremely adverse circumstances, the learned court below will be at liberty to cancel the bail bond of the petitioner.
(iv) Before release, the learned court below shall verify the criminal antecedent of the petitioner and if she is found involved in any case other than the present one, her bail bond will not be accepted.
(v) It is also made clear that there shall not be any delay in verifying the criminal antecedent of the petitioner. (Raj Kumar, J) Nirmal/- U T