Babaday Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81223 of 2025 Arising Out of PS. Case No.-28 Year-2025 Thana- MAHILA P.S. District- Madhepura ====================================================== 1.

Babaday Devi W/o Mahadeo Prasad Yadav @ Mahadeo Yadav R/O Vill.- Mahua, Ward No.- 14, P.S.- Ghailadh, District- Madhepura 2.

Mahadeo Prasad Yadav @ Mahadeo Yadav S/O Late Gena Yadav R/O Vill.- Mahua, Ward No.- 14, P.S.- Ghailadh, District- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mrigendra Kumar For the Opposite Party/s :

Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 08-12-2025 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in connection with Mahila P.S. Case No. 28/2025 dated 11.09.2025 registered for the offences punishable u/ss 85, 115(2), 126(2), 352, 351(2) & (3) read with Section 3(5) of the B.N.S.

3. As per the prosecution case, the petitioners and the co-accused persons are alleged to have tortured the informant mentally and physically due to non-fulfillment of demand of dowry.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been

Patna High Court CR. MISC. No.81223 of 2025(2) dt.08-12-2025 2/2 implicated in this case. There is a general and omnibus allegation against the petitioners who are the mother-in-law and father-in-law of the informant respectively. The petitioners neither demanded any dowry nor tortured the informant. Learned counsel has further submitted that this case has been lodged after 23 years of marriage. The petitioners have no criminal antecedent as stated in para 3 of the bail petition.

5. Learned A.P.P. for the State has vehemently opposed the prayer of anticipatory bail of the petitioners.

6. Considering the aforesaid facts and circumstances of the case, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Madhepura in connection with Mahila P.S. Case No. 28/2025, subject to conditions as laid down under Section 482(2) of the B.N.S.S.

7. This application stands allowed.

(Chandra Prakash Singh, J) atul/- U T