Pratibha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56605 of 2025 Arising Out of PS. Case No.-85 Year-2025 Thana- Jaitpur District- Muzaffarpur ====================================================== 1.

Pratibha Devi, wife of Chandeshwar Sah, Resident of village -Repura Rampur Vishwanath PS -Jaitpur District- Muzaffarpur 2.

Shanti Devi, wife of Sikindra Sah, Resident of village -Repura Rampur Vishwanath, PS -Jaitpur District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Bela Singh, Adv.

For the Opposite Party/s :

Mr. Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 19-08-2025 Heard Ms. Bela Singh, learned counsel for the petitioners and Mr. Mithlesh Kumar Khare, learned APP for the State.

2. Petitioners seek regular bail in connection with Jaitpur P.S. Case No. 85 of 2025 dated 05.06.2025 registered for the offence punishable under section 80 read with section 3(5) of the Bharatiya Nyaya Sanhita.

3. The main submissions advanced by petitioners' counsel are that the petitioner No. 1 is the sister-in-law (gotani) and petitioner No. 2 is the mother-in-law of the deceased and the marriage of the deceased with co-accused Vijay Sah took place in the year 2019 and according to the FIR itself, the deceased was being tortured by her husband alone for the demand of a Bullet motorcycle and in the later part of the FIR, the informant implicated these petitioners and others with making general and

Patna High Court CR. MISC. No.56605 of 2025(2) dt.19-08-2025 2/2 omnibus allegations against them and as per postmortem examination of the deceased, the cause of her death has been opined to be hanging and the husband of the deceased is presently in judicial custody. It is further submitted that both the petitioners, who are ladies, have been languishing in jail since 06.06.2025, having fair and clean antecedent.

4. Learned APP for the State has opposed the prayer of the petitioners.

5. Considering the aforesaid submissions and mainly the facts that both the petitioners are women and in the FIR there is no specific allegation against them and the marriage of the deceased with co-accused Vijay Sah took place five and a half years ago and the main allegation as to torturing the deceased for the demand of a Bullet motorcycle is against the husband of the deceased, in my opinion, it is a fit case for bail to the petitioners. Accordingly, let the petitioners named-above be released on bail on furnishing bail bonds of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of the court concerned in connection with Jaitpur P.S. Case No. 85 of 2025.

(Shailendra Singh, J) annu/- U T