Sarita DeviversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.43559 of 2026
                   Arising Out of PS. Case No.-281 Year-2025 Thana- ADAPUR District- East Champaran
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                 Sarita Devi S/o Dinesh Patel Resident of village - Bhediyari Sirisiya Patel
                 Tola, P.S.- Adapur, Distt.- East Champaran

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :       Mr.Abhishek Kumar, Advocate
                 For the Opposite Party/s :       Mr.Upendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   09-07-2026                    Heard Mr.Abhishek Kumar, learned counsel for the

                   petitioner and Mr.Upendra Kumar, learned Additional Public

                   Prosecutor for the State.

                                2. The petitioner is apprehending her arrest in

                   connection with Adapur P.S. Case No.281 of 2025, dated

                   24.07.2025 registered for the offences punishable under Section

                   80,61(2),3(5) of BNS, 2023 and Section 3/4 of D.P.Act.

                                3. Allegation against the petitioner is that she

                   alongwith other co-accused persons have in furtherance of their

                   common intention committed the dowry death of the daughter

                   of the informant.

                                4. Learned counsel appearing for the petitioner

                   submits that the petitioner has clean antecedent. She has falsely

                   been implicated in the present case merely on the ground that
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          she is mother-in-law of the deceased. Further submits that from

          a bare perusal of the FIR it appears that there is no specific

          allegation of any assault, overt-act or demand of dowry

          attributed against the petitioner rather there is general and

          omnibus allegation against all the accused persons including the

          petitioner. Co-accused person, namely, Dinesh Patel, who

          happens to be the father-in-law of the deceased and husband of

          the petitioner, has been granted regular bail by this Court vide

          order dated 19.01.2026 passed in Cr. Misc. No.1894 of 2026

          and husband of the deceased, namely Amar Patel, who happens

          to be the son of the petitioner, is in judicial custody since

          27.06.2026.

                         5. Learned A.P.P. for the State has vehemently

          opposed the prayer for anticipatory bail of the petitioner.

                       6. Considering the aforesaid facts, petitioner has clean

          antecedent, there is no specific allegation rather there is general

          and omnibus allegation and petitioner is mother-in-law of the

          deceased and co-accused person, namely, Dinesh Patel, who

          happens to be the father-in-law of the deceased and husband of

          the petitioner, has been granted regular bail by this Court, 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
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          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 learned Sub Divisional

          Judicial Magistrate, Raxaul at Motihari, East Champaran in

          connection with Adapur P.S. Case No.281 of 2025, subject to

          the conditions as laid down under Section 438(2) of the Code of

          Criminal Procedure/Section 482(2) of BNSS,2023 and with

          other following conditions:-

                       (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 his/her absence on two consecutive dates without sufficient

          reason, his/her 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 his/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
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                         shall not be delayed for purpose of or in the name of

                         verification.


                                                (Rajesh Kumar Verma, J)

Nitesh/-

U          T