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Patna High CourtCR. MISC./86550/2025bail granted

Etbariya Devi v. The State Of Bihar

2026-02-02Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86550 of 2025 Arising Out of PS. Case No.-279 Year-2025 Thana- PALIGANJ District- Patna ====================================================== Etbariya Devi Wife of Late Shivji Yadav Resident of Village - Bela, P.S. - Paliganj, District - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Vijay Kumar Singh, Advocate For the State :

Mr. Syed Ehteshamuddin, APP For the Informant :

Ms. Priya Gupta, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 02-02-2026 Heard learned counsel appearing on behalf of the petitioner, learned APP appearing on behalf of the State and learned counsel appearing on behalf of the informant.

2. The petitioner apprehends her arrest in a case registered for the offence punishable under Sections 126(2), 115(2), 80, 85 and 3(5) of the B.N.S..

3. As per prosecution case, informant alleged that marriage of his daughter was solemnized with co-accused Mantosh Kumar as per Hindu rites and rituals and thereafter, all the F.I.R. named accused persons, including this petitioner, committed torture and harassment with the victim due to nonfulfillment of demand of dowry and subsequently, all the accused persons committed murder of the victim.

Patna High Court CR. MISC. No.86550 of 2025(3) dt.02-02-2026 2/3

4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is quite innocent and has committed no offence. Petitioner has falsely been implicated in this case merely because she happens to be mother-in-law of the deceased. Petitioner is separate in mess and property and has got no concern with the affairs of the deceased and her husband. Informant is not an eye witness of the alleged occurrence. Allegation of demand of dowry is general and omnibus and no specific accusation of overt act has been alleged against this petitioner. As a matter of fact, the deceased committed suicide. Thrust of accusation is against husband of deceased who is already in custody since 05.08.2025. Petitioner is a lady and claims clean antecedents.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner.

6. Considering the facts and circumstances of the case, general and omnibus nature of accusation and clean antecedents of the petitioner, the prayer for grant of anticipatory bail to the petitioner is allowed.

7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named

Patna High Court CR. MISC. No.86550 of 2025(3) dt.02-02-2026 3/3 petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Danapur, Patna in connection with Paliganj P.S. Case No. 279 of 2025, subject to condition as laid down under Section 482(2) of the B.N.S.S.. (Prabhat Kumar Singh, J) shashank/- U T