Subhamati Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86681 of 2025 Arising Out of PS. Case No.-216 Year-2025 Thana- PALIGANJ District- Patna ====================================================== Subhamati Devi, Wife of Shivdev Prasad @ Shivdev paswan @ Suryadev Paswan, R/V- Milki PS- Paliganj Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shyam Kishore, Advocate For the Opposite Party/s :

Mr. Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 08-01-2026 Heard Mr. Shyam Kishore, learned counsel for the petitioner and Mr. Nand Kishore Prasad, learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending her arrest in connection with Paliganj P.S. Case No. 216 of 2025, F.I.R. dated 09.05.2025 for the offences punishable under Sections 126(2), 115(2), 80, 3(5) of the BNS.

3. According to prosecution case, all the accused persons including this petitioner have murdered the daughter of the informant by strangulation and took all the jewellery from her body which was given in dowry.

4. Learned counsel for the petitioner submits that petitioner has clean antecedent and she has been falsely implicated in the present case merely on the ground that she is

Patna High Court CR. MISC. No.86681 of 2025(2) dt.08-01-2026 2/3 mother-in-law of the deceased. From perusal of the F.I.R., it appears that the informant herself stated in the F.I.R. that the door was closed from inside and dead body of the deceased was lying on the bed which shows that the deceased has committed suicide herself. Apart from that the informant is not an eye witness and it appears from the F.I.R. itself that there is no specific allegation of assault or overt act attributed against the petitioner rather there is general and omnibus allegation against all the accused persons includingthis petitioner.

5. Learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.

6. Considering the aforesaid facts and circumstances that petitioner has clean antecedent and there is no specific allegation against the petitioner, let the petitioner, above named, in the event of her arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Danapur, Patna in connection with Paliganj P.S. Case No. 216 of 2025, subject to the conditions as laid down under Section 482(2) of the Code of Criminal Procedure and with other following conditions:-

Patna High Court CR. MISC. No.86681 of 2025(2) dt.08-01-2026 3/3 i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on her absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed her criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) khushbu/- U T