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2025 DAILYLAW 112682 (PAT)

Usha Devi v. The State of Bihar

CR. MISC./79044/2025 · 2025-11-17

Chandra Prakash Singh

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.79044 of 2025 Arising Out of PS. Case No.-315 Year-2025 Thana- PAKRIDAYAL District- East Champaran ====================================================== 1. Usha Devi W/O Manoj Sah R/o Vill.- Madhurap, P.S.- Phenhara, Dist.- East Champaran, At Present of Village-Pakaridayal, P.S.- Pakaridayal, Dist.- East Champaran 2. Nikki Devi @ Nikki Gupta D/O Manoj Sah R/o Vill.- Madhurap, P.S.- Phenhara, Dist.- East Champaran, At Present of Village-Pakaridayal, P.S.- Pakaridayal, Dist.- East Champaran ... ... Petitioner/s Versus 1. The State of Bihar Patna 2. Ragani Kumari W/O Kundan Sah, D/O late Dinanath Prasad Resident of Village- Pakaridayal, near Girja Vivah Bhawan, P.S.- Pakaridayal, Dist.- East Champaran ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Anuj Kumar For the Opposite Party/s : Mr.Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 2 17-11-2025 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. 2. The petitioners are apprehending their arrest in a case in connection with Pakaridayal P.S. Case No. 315 of 2025 dated 29.06.2025 registered for the offence/s punishable u/ss 126(2), 115(2), 329(4), 76, 85, 92, 109, 352, 351(2) read with section 3(5) of the BNS and ¾ of the DP Act. 3. As per the prosecution case, the petitioners and Patna High Court CR. MISC. No.79044 of 2025(2) dt.17-11-2025 2/3 the co-accused persons are alleged to have tortured the informant mentally and physically causing miscarriage to her due to non-fulfillment of demand of dowry. 4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. The petitioners are the mother-in-law and Nanad of the informant. The petitioners neither demanded any dowry nor tortured the informant. There is general and omnibus allegation against the petitioners. The petitioners have no criminal antecedent as stated at para 3 of the bail petition. 5. Learned counsel for the informant as well as learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioners. 6. Considering the aforesaid facts and circumstances of the case as well as the allegation being general and omnibus, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 20,000/- (Rupees twenty thousand) each with two sureties of the like amount each to the satisfaction of the learned court concerned, East Champaran at Motihari in connection with Patna High Court CR. MISC. No.79044 of 2025(2) dt.17-11-2025 3/3 Pakaridayal P.S. Case No. 315 of 2025, subject to conditions as laid down under section 482(2) of the BNSS. 8. The application stands allowed. guddukr/- (Chandra Prakash Singh, J) U T