Sita Devi @ Sitapati Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72924 of 2025 Arising Out of PS. Case No.-236 Year-2024 Thana- KHIRI MORE District- Patna ====================================================== 1.
Vijay Chaudhary S/o Shakal Dhari Chaudhary R/o Village- Piyarpara, PO- Nagata, PS- Paliganj, Distt- Patna 2.
Sanjay Chaudhary S/o Shakal Dhari Chaudhary R/o VillagePiyarpara, PO- Nagata, PS- Paliganj, Distt- Patna 3.
Sanjit Chaudhary @ Gorakh Chaudhary S/o Shakal Dhari Chaudhary R/o Village- Piyarpara, PO- Nagata, PS- Paliganj, Distt- Patna 4.
Shanti Devi W/o Sanjit Chaudhary @ Gorakh Chaudhary R/o VillagePiyarpara, PO- Nagata, PS- Paliganj, Distt- Patna 5.
Chinta Devi W/o Sanjay Chaudhary R/o Village- Piyarpara, PONagata, PS- Paliganj, Distt- Patna 6.
Chinta Devi W/o Vijay Chaudhary R/o Village- Piyarpara, PONagata, PS- Paliganj, Distt- Patna ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party With CRIMINAL MISCELLANEOUS No. 70650 of 2025 Arising Out of PS. Case No.-236 Year-2024 Thana- KHIRI MORE District- Patna ====================================================== Sita Devi @ Sitapati Devi W/o Sakaldhari Chaudhary R/o Village - Piyarpura, P.O - Nagata, P.S - Paliganj, District - Patna, Pin - 804423 ... ... Petitioner
Versus
The State of Bihar Patna ... ... Opposite Party ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 72924 of 2025) For the Petitioner/s :
Mr.Pratik Kumar Sinha, Advocate For the Opposite Party/s :
Mr.Dr.Mrityunjaya Kr.Gautam, APP (In CRIMINAL MISCELLANEOUS No. 70650 of 2025) For the Petitioner/s :
Mr.Pratik Kumar Sinha, Advocate For the Opposite Party/s :
Mr.Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 19-01-2026 Heard learned counsel for the petitioners and learned A.P.P. for the State in both these anticipatory bail petitions.
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2. The accused-petitioners, named in the F.I.R., are apprehending their arrest in connection with Khirimore (Piyarpura) P.S. Case No. 236 of 2024 registered for the offences punishable under Sections 80(2), 238, 3(5) of the Bhartiya Nyay Sanhita, 2023 (in short, the 'B.N.S.').
3. The allegation against the petitioners is to cause death of daughter of the informant due to non-fulfillment of demand of dowry as asked for a cash of Rs. 50,000/- and one motorcycle.
4. Learned counsel appearing on behalf of the petitioners submitted that allegation is available against the husband with whom the daughter of informant was living separately, who is in custody. It is submitted that even the father-in-law is in custody and to harass the entire relatives, who are living separately and had no concern with their daily and domestic affairs with the deceased daughter of the informant and her husband, the present false case has been lodged. It is submitted that the maximum of co-accused are the female family members of the husband family.
5. It is pointed out that allegation qua raising demand of dowry is appearing very much general and omnibus against the
3/4 petitioners and they implicated only being the relatives of husband of the deceased. Arguing further, it is submitted that even during course of investigation, it surfaced that these petitioners were living separately.
6. While opposing the prayer of anticipatory bail of the petitioners, Mr. Sitaram Prasad, learned counsel appearing for the informant, submitted that petitioners were actively involved in the alleged occurrence, where the dead body of daughter of the informant was recovered from a river-bed after five months, however, it is conceded that no forensic report/post-mortem report of the deceased daughter of the informant is available on record, ascertaining cause of death as the dead body of deceased daughter of the informant was recovered in highly decomposed condition.
7. Taking contrary to the submission, it is submitted by learned counsel for the petitioners that out of confession of husband of the deceased, it appears that due to domestic affairs, the deceased daughter of the informant, who was a short tampered lady, committed suicide by hanging herself with ceiling fan.
8. In view of aforesaid factual submission and by taking
4/4 note of the fact as allegation qua committing cruelty and demand of dowry appears very much general and omnibus against the petitioners who are relatives of the husband of the deceased claiming to live separately and are of clean antecedents, accordingly, petitioners (in Cr. Misc. No. 72924 of 2025) namely, Vijay Chaudhary; Sanjay Chaudhary; Sanjit Chaudhary; Shanti Devi and; Chinta Devi, wife of Vijay Chaudhary; and petitioner (in Cr. Misc. No. 70650 of 2025) namely, Sita Devi @ Sitapati Devi, in the event of their arrest/surrender within a period of four weeks from this order, are directed to be enlarged on bail on furnishing of bail bond of Rs.10,000/- (ten thousand only) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate - 1st Class, Danapur, Patna /concerned court in connection with Khirimore P.S. Case No. 236 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C/Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita (in short "B.N.S.S.").
(Chandra Shekhar Jha, J) Rajeev/- U T