Banti Devi @ Sangita Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75909 of 2025 Arising Out of PS. Case No.-294 Year-2023 Thana- JAMOBAZAR District- Siwan ====================================================== 1.
Banti Devi @ Sangita Devi W/o- Umesh Ray R/v- Khusal Dumri Siwan Marachhi, Bihar 2.
Krishnawati Devi @ Kisnawati Devi W/o- Amar Ray R/v- Khusal Dumri Siwan Marachhi, Bihar 3.
Rajeshwar Rai @ Rajeshwar Ravat S/o- Daroga Ravat R/v- Khusal Dumri Siwan Marachhi, Bihar 4.
Kanti Devi W/o- Munna Ray R/v- Khusal Dumri Siwan Marachhi, Bihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Ritika Srivastava @ Ritika Kumari Mr. Sumit Kumar Mr. Pranav Bhaskar Mr. Birottam Narayan Singh For the Opposite Party/s :
Mr.Chandra Bhushan Prasad- A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 26-11-2025
1. Heard learned counsel for the petitioners and learned APP for the State.
2. The learned counsel for the petitioners, after arguing vehemently for sometimes realizing her difficult, seeks permission to withdraw the present anticipatory bail application with respect to petitioner no.3, namely, Rajeshwar Rai @ Rajeshwar Ravat.
3. Permission is accorded.
4. Accordingly, instant petition is dismissed as withdrawn with respect to petitioner no.3, namely, Rajeshwar
2/4 Rai @ Rajeshwar Ravat.
5. The petitioner nos.1, 2 and 4 seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 304(B), 201/ 34 of the Indian Penal Code.
6. The learned counsel for the petitioners submits that the petitioner nos.1, 2 and 4 are persons with clean antecedent and the informant alleges that her daughter was married to Nagendra about 04 years back and the accused persons for nonfulfilment of the demand of dowry of motorcycle and chain killed her on 07/08.12.2023 at 12.00 'O' clock and cremated the dead body.
7. The learned counsel for the petitioners submits that petitioners have been falsely implicated in the instant case by the informant. It is next submitted that informant is not an eye witness to the occurrence and the entire allegation hinges around suspicion. It is further submitted that even allegation of demand of dowry and torture is general and omnibus in nature. It is further submitted that the victim died after four years of marriage and in these four years, no case ever came to be instituted either by the informant or the victim alleging that accused persons got torturing the victim for dowry. It is next
3/4 submitted that informant and his family members also participated in the cremation, but later by way of after thought the instant false case came to be instituted. It is next submitted that husband of the deceased was taken in custody and was acquitted by the learned trial Court of all the charges. It is thus submitted that no useful purpose would be served by sending the petitioners to jail. It is also submitted that petitioner nos.1, 2 and 4 are married sister in-laws (Gotini) and petitioner no.3 is father in-law of the deceased. It is next submitted that petitioners will not abscond rather will cooperate in the investigation to prove their innocence.
8. Learned A.P.P. Sri Chandra Bhushan Prasad opposes the anticipatory bail application.
9. Considering the submissions made by the learned counsel for the petitioners, the petitioners, above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks, are directed to be released on anticipatory bail on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each 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 Jamo Bazar P. S. Case No.294 of 2023, subject to the conditions
4/4 laid down under Section 438(2) of the Cr.P.C. 10.
The application stands allowed.
(Satyavrat Verma, J) vikash/- U T