Pawan DeviversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.67171 of 2025
                     Arising Out of PS. Case No.-138 Year-2016 Thana- SAHIYARA District- Sitamarhi
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                 Pawan Devi W/o Shri Ram Babu Singh @ Ram Babu Singh @ Ram Babu
                 Sinha Resident of Village - Harkesh, P.S. - Sahiyara, District - Sitamarhi
                                                                                ... ... Petitioner/s
                                                    Versus
                 The State of Bihar                                    ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :       Mr. Ramakant Sharma, Sr. Adv.
                                                  Mr. Dinesh Jha, Adv.
                 For the State            :       Mr. Awadhesh Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

6   16-02-2026                    Heard Mr. Ramakant Sharma, learned senior counsel for

                   the petitioner and learned Additional Public Prosecutor for the

                   State.

                                  2. The petitioner seeks bail in a case registered for the

                   offence punishable under Sections 341, 323, 307, 498(A)/34 of the

                   Indian Penal Code and Section 3/4 of the D.P. Act and

                   subsequently Section 304(B) of the IPC was added.

                                  3. Petitioner along with other accused persons are said

                   to have committed cruelty and to have burnt the informant after

                   pouring kerosene oil for non-fulfillment of demand of dowry.

                                  4. Learned senior counsel for the petitioner has

                   submitted, at the outset, that upon a liberty granted to the

                   petitioner vide an order dated 14.07.2025 passed by this Court to

                   surrender and seek regular bail, the petitioner immediately

                   surrendered and is in custody since 01.08.2025. It is further

                   submitted that the first information report itself was lodged after a
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          delay of 8 days and the petitioner being the mother-in-law totally

          denies the allegation of any dowry demand and torture being

          meted out to the deceased. As a matter of fact, the deceased died

          due to accidental fire and this fact has been admitted by the

          deceased herself by way of her fardbeyan which was recorded on

          30.10.2016 before the police in the presence of the treating doctor

          and the said fardbeyan is Annexure P/3 to the petition. The father

          of the informant subsequently in collusion of the police got the

          second statement recorded on 04.11.2016 without any certificate

          of the right physical and mental condition of the deceased by the

          doctor. It has also been submitted that in the connected case of the

          husband of the deceased, the doctor has been examined as P.W.-4

          and he has stated in his deposition that he did not notice any smell

          of kerosene oil from the body of the deceased. Further, the

          husband of the deceased is already in custody and is facing trial

          and the petitioner undertakes to cooperate in the trial.

                       5. Learned APP for the State and the learned counsel for

          the informant have opposed the application for bail. Learned

          counsel for the informant has submitted that the first fardbeyan of

          the deceased is not worth believing and the petitioner has also

          absconded for a long time and as such, does not deserve the

          benefit of bail.

                           6.    Taking     into    consideration   the   facts   and
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                       circumstances and also considering the fact that after the liberty

                       granted by this Court to the petitioner to surrender and seek

                       regular bail, the petitioner immediately surrendered and has

                       remained in custody since 01.08.2025 coupled with the fact that

                       the other co-accused persons have already been granted bail and

                       the husband of the deceased, who is primarily responsible for the

                       welfare of the wife, is already in custody and is also facing trial,

                       let the above named petitioner, be enlarged on bail on furnishing

                       bail bond of Rs.10,000/- (Rupees 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 Sahiyara P.S. Case No. 138 of 2016.

                                        7. However, the learned trial court is directed to

                       proceed with the case expeditiously and take all endevours for

                       framing of charges in which the petitioner shall fully cooperate

                       and in case there is any non-cooperation on behalf of the petitioner

                       and delay is caused on account of this petitioner, the learned court

                       concerned shall be at liberty to cancel the bail bonds.


                                                 (Soni Shrivastava, J)
devendra/-

U      T