Kanti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.90546 of 2025 Arising Out of PS. Case No.-53 Year-2025 Thana- ALIPUR District- Gaya ====================================================== Kanti Devi Wife of Upendra Paswan Resident of Village - Jhikatiya, Azad Nagar, Murahi, P.S.- Arwal, District - Arwal ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Yogesh Kumar, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 16-01-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehend his arrest in connection with Alipur P.S. Case No. 53 of 2025 instituted for the offences under Sections 80(2), 85, 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3. Prosecution case, in short, is that the accused persons including the petitioner tortured and killed the deceased for the non-fulfillment of demand of dowry.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner is sister-in-law of the deceased. Learned counsel further submitted that there is a delay of two days in lodging the

Patna High Court CR. MISC. No.90546 of 2025(2) dt.16-01-2026 2/3 FIR without any plausible explanation, which in itself, raises doubt over the prosecution story. Learned counsel for the petitioner submitted that general and omnibus allegation has been made against the petitioner. No specific overt act is alleged against the petitioner. Learned counsel further submitted that petitioner is separate in mess and business and have got no concern in the family affairs of the deceased and her husband. Husband of the deceased is already in custody. It has been submitted on behalf of the petitioner that the petitioner has no criminal antecedent. Other co-accused has been granted bail by this Court vide order dated 01-08-2025, passed in Cr. Misc. No. 52210 of 2025.

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

6. Considering the aforesaid facts and circumstances of the case as also there being no direct allegation against the petitioner, let the petitioner, above named, in the event of arrest/surrender before the Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Alipur P.S. Case No.

Patna High Court CR. MISC. No.90546 of 2025(2) dt.16-01-2026 3/3 53 of 2025, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023. (Rudra Prakash Mishra, J) Raj Kishore/- U T