Saraswati Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65852 of 2025 Arising Out of PS. Case No.-145 Year-2025 Thana- PAROO District- Muzaffarpur ====================================================== Saraswati Devi, aged about 60 years, Female, Wife of Jawahar Ray, Resident of Village- Chainpur Chiutaha P.S. -Paroo, District -Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nachiketa Jha, Advocate For the Opposite Party/s :

Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 26-11-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Paroo (Paru) P.S. Case No. 145 of 2025 instituted for the offences punishable under Sections 80, 238, 3(5) of the BNS.

3. As per allegation in the FIR, all the named accused persons killed the cousin sister of the informant and hide the dead body.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has falsely been implicated in this case. He submits that there is general and omnibus allegation of demand of dowry and for that they tortured the cousin sister of the informant. He further submits that the petitioner is an old lady, who is mother-in-law of the deceased, living separately with the deceased and her

Patna High Court CR. MISC. No.65852 of 2025(3) dt.26-11-2025 2/3 husband in mess and business, having no concerned with their family members. He next submits that the father-in-law of the deceased has been granted anticipatory bail by a Bench of this Court as stated by learned counsel for the petitioner. Petitioner has got clean antecedent as stated in para 3 of the petition is in custody since 24.03.2025.

5. Learned APP opposes the prayer for bail.

6. From perusal of the FIR, case diary, postmortem report and impugned order of the learned Additional Sessions Judge-XVII, Muzaffarpur dated 20.08.2025, it appears that petitioner is named in the FIR. From perusal of the records, it appears that on the basis of written report of the informant Alok Kumar, FIR has been registered under Sections 80, 238, 3(5) of the BNS against nine accused persons including the present petitioner and the allegation is of torture due to non-fulfilment of dowry death. From perusal of the postmortem report, it appears that the deceased has died due to asphyxia as a result of antemortem hanging. Similarly situated co-accused persons namely, Vinod Ray, Bhagirath Ray @ Bhagrith Ray, Bhagynarayan Ray, Jawahar Ray, Suresh Ray and Rameshwar Ray have already been granted anticipatory bail by a Bench of this Court in Cr. Misc. No. 71852 of 2025 vide order dated

Patna High Court CR. MISC. No.65852 of 2025(3) dt.26-11-2025 3/3 16.10.2025, so considering all these aspects of the case and submissions of learned counsel for the petitioner, I am inclined to grant bail to the petitioner.

7. Accordingly the prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-1st, Class (West) Muzaffarpur in connection with Paroo (Paru) P.S. Case No. 145 of 2025.

(Ramesh Chand Malviya, J) Anand Kr.

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