Savita Devi @ Savita Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90767 of 2025 Arising Out of PS. Case No.-105 Year-2025 Thana- SIDHWALIYA District- Gopalganj ====================================================== Savita Devi @ Savita Kumari W/O Indrajeet Prasad R/O Village - Balra, P.SSidhwaliya, Dist.- Gopalganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manoj Kumar Madhukar For the Opposite Party/s :
Mr. Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-03-2026
1. Heard learned counsel for the petitioner, learned A.P.P. for the State and the learned counsel appearing on behalf of the informant.
2. The petitioner apprehends her arrest in a case registered for the offence punishable under Sections 80, 3(5) of the B.N.S., 2023.
3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and is a woman and the informant alleges that his sister was married to Santosh on 26.02.2020, after marriage, the husband along with accused persons including the petitioner were demanding a motorcycle and on account of non-fulfillment of the demand, the victim was tortured, further on 05.06.2025, he came to know that the victim was killed, accordingly, he asked his other sister to verify about the occurrence, as the informant was out of station, in connection with earning, accordingly, his sister went to the place
Patna High Court CR. MISC. No.90767 of 2025(2) dt.13-03-2026 2/3 of occurrence and found the dead body of the victim lying.
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 neither informant nor his sister is an eyewitness to the occurrence and the entire allegation hinges around suspicion. It is also submitted that the sister of the informant was married to Santosh in the year 2020 and in between 2020 till filing of the instant FIR, no case ever came to be instituted alleging torture on account of non-fulfillment of the demand of dowry. It is next submitted that whenever any dispute arises in between the husband and the wife and the occurrence of the nature takes place, the entire family members are implicated in a mechanical manner with general and omnibus allegation.
It is also submitted that even allegation of demand of dowry is general and omnibus in nature. It is further submitted that had the petitioner been involved in the occurrence along with her family members, 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 found lying in the house and the same was sent for postmortem for ascertaining the cause of death and the doctor opined that the cause of death as asphyxia due to hanging.
Patna High Court CR. MISC. No.90767 of 2025(2) dt.13-03-2026 3/3 that petitioner being sister-in-law (Gotni) of the deceased came to be implicated in a mechanical manner. It is also submitted that petitioner will not abscond rather will cooperate in the investigation to prove her innocence. It is also submitted that mother-in-law of the deceased had approached this Court seeking anticipatory bail by filing Cr. Misc. No.81033/2025 and the same came to be allowed by an order dated 19.01.2026.
5. Learned A.P.P. for the State and the learned counsel appearing on behalf of the informant opposes the prayer for anticipatory bail of the petitioner.
6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender 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 Sidhwaliya P.S. Case No.105/2025, subject to the conditions as laid down under Section 482(2) B.N.S.S. (Satyavrat Verma, J) amit/- U T