Sandhya Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71534 of 2025 Arising Out of PS. Case No.-146 Year-2025 Thana- KATHAIYA District- Muzaffarpur ====================================================== Sandhya Devi W/o Late Lal Babu Mahto R/o Village- Dora Chhapra, P.S.- Kathaiya, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Bela Singh, Adv.

For the Opposite Party/s :

Mr. Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 13-10-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Kathaiya P.S. Case No. 146 of 2025 instituted for the offences under Sections 80, 3(5) of the Bhartiya Nyaya Sanhita, 2023,

3. As per prosecution case, the accusation against the accused persons including the petitioner is of harassing, assaulting and ultimately committing murder of the deceased for non-fulfillment of dowry demand.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against her and has falsely been implicated in the present case. The petitioner is the mother-in-law (Sas) of the deceased. It is

Patna High Court CR. MISC. No.71534 of 2025(2) dt.13-10-2025 2/3 further submitted that the petitioner has neither demanded any dowry nor there is any allegation of dowry against the petitioner and, thus, no offence is made out against the petitioner under Section 80 of the B.N.S. Learned counsel for the petitioner further submits that the petitioner lives separately with her family and has no concern with the mess and daily affairs of the husband of the deceased Pankaj Kumar Mahto. There is no specific or direct allegation of any overt act against the petitioner rather the same is general and omnibus in nature. It is further submitted that the specific allegation of demand of dowry is against the husband of the deceased who is in custody since 30.07.2025. The petitioner has no criminal antecedent and is languishing in judicial custody since 31.07.2025 without any rhymes or reason.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner, stating that the offence alleged is serious in nature.

6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties

Patna High Court CR. MISC. No.71534 of 2025(2) dt.13-10-2025 3/3 of the like amount each to the satisfaction of Court below/concerned Court in connection with Kathaiya P.S. Case No. 146 of 2025.

(Rudra Prakash Mishra, J) rishi/- U T