Dhanmatiya Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90364 of 2025 Arising Out of PS. Case No.-231 Year-2025 Thana- MANER District- Patna ====================================================== Dhanmatiya Devi, Son of Harendra Ray, R/o Village - Chaurashi, P.S. - Maner, Dist. - Patna.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Uday Kumar, Advocate For the Opposite Party/s :
Mr. Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 20-02-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. Petitioner apprehends his arrest in connection with Maner P.S. Case No. 231 of 2025 registered for the offences under Sections 80(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 3/4 of the Dowry Prohibition Act, 1961.
3. As per the prosecution case, the informant had alleged that he received a call that his sister had hanged herself, upon which the entire family went to her house, and they saw there were black spots on the neck and there was sign of assault by lathi and danda and a cut mark on the body. It is alleged that
2/4 the accused persons used to demand dowry and on account of non-fulfillment of the same, the sister of the informant was assaulted and thereafter killed.
4. Learned counsel for the petitioner submits that the petitioner happens to be the mother-in-law of the deceased and from perusal of the FIR, only suspicion has been raised against all the accused persons. It has further been submitted that the entire allegations are false and concocted and as per the postmortem report, it would be evident that the cause of death is said to be asphyxia due to hanging. It has next been submitted that from the postmortem report it would be evident that no other external injury was found on the body of the petitioner despite the fact that the informant has alleged that there was a cut mark on the body of the deceased. It has lastly been submitted that the petitioner happens to be an old lady with clean antecedent.
5. Learned APP for the State has opposed the prayer for anticipatory bail.
6. Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, let the petitioner above named be released on anticipatory bail, in the event of arrest or surrender before the learned Court below
3/4 within a period of four weeks from today, on furnishing bail bonds of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor court in connection with Maner P.S. Case No. 231 of 2025, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure read with corresponding Section 482(2) of B.N.S.S. as well as subject to the following conditions:- (i) One of the bailors of the petitioner shall be his close relative.
(ii) The petitioner shall remain physically present in Court on each date of the trial.
(iii) In case of absence on two consecutive dates, or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the Court concerned.
(iv) If the petitioner is found involved in similar nature of offence in future, the prosecution shall be at liberty to move for cancellation of his bail bond.
(v) The learned Court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his 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 abovementioned order shall not be delayed for purpose of or in the name of verification.
7. Accordingly, the prayer for anticipatory bail is
4/4 allowed.
8. It is made clear that the observation, if any, made in this order, shall be of no bearing during the trial. (Sourendra Pandey, J) manoj/- U T