Akali Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71050 of 2025 Arising Out of PS. Case No.-123 Year-2025 Thana- KORHA District- Katihar ====================================================== Akali Devi W/o Late Pradip Singh R/o- Bawanganj, Binji, Ward No. 3, P.S.- Korha, Distt.- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar Singh, Advocate For the Opposite Party/s :

Mr. Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 10-11-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends her arrest in a case registered for the offences punishable under Sections 80/3(5) of B.N.S., 2023.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and the informant alleges that her daughter was married to Rajesh in the year 2024, after marriage the victim was tortured for non-fulfillment of demand of dowry and the victim informed about the torture on phone, further on 12.05.2025, her son-in-law informed that victim committed suicide, accordingly, she reached the place of occurrence and saw the dead body of the deceased lying and none of the family members was present, accordingly, the police was

Patna High Court CR. MISC. No.71050 of 2025(2) dt.10-11-2025 2/3 informed.

4. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant. It is next submitted that no doubt the victim died within seven years of marriage but then all deaths are not dowry deaths. It is also submitted that from perusal of the allegations, as alleged in the FIR, it would manifest that the informant does not disclose that as to what was being demanded in dowry, as such, the demand of dowry and torture appears to be ornamental and has been alleged only to give seriousness to the case.

It is also submitted that had the petitioner been involved in the occurrence, in that event, efforts would have been made to dispose of the dead body with a view to conceal the evidence but then the dead body was lying in the house and the petitioner was also present but then in the FIR, it is alleged that family members of the husband of the deceased were not present in the house. It is also submitted that whenever any dispute arises in between the husband and the wife and the occurrence of the nature, as alleged, takes place, the entire family members are implicated in a mechanical manner with general and omnibus allegation. It is also submitted that informant is not an eye witness to the occurrence. It is next submitted that petitioner will never abscond rather will co-operate in the investigation to prove her innocence.

Patna High Court CR. MISC. No.71050 of 2025(2) dt.10-11-2025 3/3 deceased is in custody.

5. The learned APP opposes the anticipatory bail application.

6. Considering the submissions made by the learned counsel for the petitioner, let petitioner, above-named, in the event of her arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/Successor Court in connection with Korha P.S. Case No.123 of 2025, subject to the conditions as laid down under Section 482(2) of the Cr.P.C.

7. However, it is made clear that if the Investigating Officer of the case files an application before the learned Trial Court bringing to its notice that petitioner despite giving assurance to this Court is not co-operating in the investigation, in that event, the learned Trial Court shall be at liberty to cancel the bail bonds of the petitioner.

(Satyavrat Verma, J) Sanjay/- U T