Sobha Devi @ Shobha Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66123 of 2025 Arising Out of PS. Case No.-217 Year-2022 Thana- CHIRAIYA District- East Champaran ====================================================== Sobha Devi @ Shobha Devi, aged about 30 years, Female, Daughter of Devilal Sah @ Devilal Singh @ Devlal Singh Resident of village - Ashram Madhubani, P.S.- Chiraiya, District - East Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhishek Kumar, Advocate For the Opposite Party/s :
Mr. Anant Kumar 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 17-09-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Chiraiya P.S. Case No. 217 of 2022 instituted for the offences punishable under Sections 304(B)/34 of the Indian Penal Code.
3. As per the prosecution case, the daughter of the informant is said to have been killed on account of nonfulfillment of demand of dowry.
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 merely on the basis of mere suspicion. He submits that the occurrence took place on 07.05.2022 and the FIR has been lodged on 08.05.2022 after a delay of one day and there is no plausible explanation in this
Patna High Court CR. MISC. No.66123 of 2025(2) dt.17-09-2025 2/3 regard. He submits that the informant's daughter and her husband had been leading conjugal life, living separately from other members of the family. He further submits that there is general and omnibus allegation against the petitioner. He next submits that the husband of the deceased, namely, Pramod sah has been acquitted from the charges as stated in para 13 of the petition as submitted by learned counsel for the petitioner. Petitioner has got clean antecedent as stated in para 3 of the petition is in custody since 28.06.2025.
5. Learned APP for the State opposes the prayer for bail.
6. From perusal of the FIR and impugned order of the learned Sessions Judge, East Champaran, Motihari dated 18.08.2025, it appears that on the basis of written report of the informant Hira Sah, FIR has been registered under Sections 304(B)/34 of the Indian Penal Code against eight accused persons including the present petitioner and the allegation against the petitioner is that she is the conspirator of the death of the deceased Sarita Devi and no relation has been shown in the FIR. It also appears in para 13 of the petition that Pramod Sah, husband of the deceased has been acquitted by the Trial Court from the charges levelled under Section 304B of the Indian
Patna High Court CR. MISC. No.66123 of 2025(2) dt.17-09-2025 3/3 Penal Code as submitted by learned counsel for the petitioner. Similarly situated accused persons i.e., father-in-law and brother-in-law have been granted regular bail and anticipatory bail namely Kishori Sah and Manoj Sah in Cr. Misc. Nos. 57945 of 2022 and 53945 of 2024 vide orders dated 09.02.2023 and 20.09.2024, respectively as well as petitioner is a lady, 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 Sub-Divisional Judicial Magistrate, Sikrahana at Dhaka, East Champaran, Motihari in connection with Chiraiya P.S. Case No. 217 of 2022.
(Ramesh Chand Malviya, J) Anand Kr.
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