Paspati DeviversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.81033 of 2025
                    Arising Out of PS. Case No.-105 Year-2025 Thana- SIDHWALIYA District- Gopalganj
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                 Paspati Devi Wife of Banaras Prasad Resident of Village- BHalra, P.S.-
                 Sidhwaliya, Distt.- Gopalganj

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

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :       Mr. Manoj Kumar Madhukar
                 For the Opposite Party/s :       Mr. Yogendra Kumar
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                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   19-01-2026                  1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends her arrest in a case

                   registered for the offences punishable under Sections 80, 3(5) of

                   the B.N.S., 2023.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and is a woman and

                   the informant alleges that his sister was married to Santosh on

                   26.02.2020, after marriage, the husband along with accused

                   persons including the petitioner were demanding a motorcycle and

                   on account of non-fulfillment of the demand, the victim was

                   tortured, further on 05.06.2025, he came to know that the victim

                   was killed, accordingly he asked his other sister to verify about the

                   occurrence, as the informant was out of station in connection with
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          earning, accordingly, his sister went to the place of occurrence and

          found the dead body of the victim lying.

                       4. Learned counsel for the petitioner submits that

          petitioner has been falsely implicated in the instant case by the

          informant. It is next submitted that informant is not an eyewitness

          to the occurrence and the entire allegation hinges around

          suspicion. It is also submitted that the sister of the informant was

          married to Santosh in the year 2020 and in between 2020 till filing

          of the instant FIR, no case ever came to be instituted alleging

          torture on account of dowry. It is further submitted that whenever

          any dispute arises in between the husband and the wife and the

          occurrence of the nature as alleged takes place, the entire family

          members are implicated in a mechanical manner with general and

          omnibus allegation. It is further submitted that even allegation of

          demand of dowry is general and omnibus in nature. It is next

          submitted that had the petitioner been involved in the occurrence,

          in that event, efforts would have been made to dispose of the dead

          body with a view to conceal the evidence but then the dead body

          was found lying in the house and the same was for postmortem for

          ascertaining the cause of death and the doctor opined that the

          cause of death as asphyxia due to hanging. It is also submitted

          that petitioner is 74 years old lady and has remained a person with

          clean antecedent all though out and she will not not abscond rather
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                     will cooperate in the investigation to prove her innocence.

                                  5. Learned A.P.P. for the State opposes the prayer for

                     anticipatory bail of the petitioner.

                                  6. Considering the submissions made by the learned

                     counsel for the petitioner, the petitioner above-named, in the event

                     of her arrest or surrender before the learned Court below within a

                     period of six weeks from today, be released on anticipatory bail on

                     furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with

                     two sureties of the like amount each to the satisfaction of the

                     learned trial court where the case is pending/successor court in

                     connection with Sidhwaliya P.S. Case No.105/2025, subject to the

                     conditions as laid down under Section 482(2) B.N.S.S.

                                  7. However, it is made clear that in the event if the

                     Investigating Officer of the case files an application before the

                     learned trial court bringing to its notice that the petitioner despite

                     giving assurance to this court is not co-operating in the

                     investigation in that event the learned trial court shall be at liberty

                     to cancel the bail bonds of the petitioner.



                                               (Satyavrat Verma, J)
amit/-
U      T