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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.862 of 2026 Arising Out of PS. Case No.-322 Year-2025 Thana- BHAGWANPUR HAT District- Siwan ======================================================
1. Usha Devi W/o Sabindra Kumar @ Samendra Shah Resident of village- Rampur pandey tola, police station- Bhagwanpur Hatt, District- Siwan
2. Manti Devi @ Madhu Devi W/o Ram Kumar Shah Resident of village- Rampur pandey tola, police station- Bhagwanpur Hatt, District- Siwan
3. Rohit Shah @ Rohit Kumar S/o Sbindra Kumar @ Samendra Shah Resident of village- Rampur pandey tola, police station- Bhagwanpur Hatt, District- Siwan
4. Ram Kumar Shah S/o Late Awadhesh Bihari Shah Resident of village- Rampur pandey tola, police station- Bhagwanpur Hatt, District- Siwan ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioners : Ms. Mili Kumari, Advocate For the State : Mr. Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 3 13-03-2026 Heard learned counsel appearing on behalf of the petitioners and learned APP appearing on behalf of the State. 2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 103(1) and 3(5) of the B.N.S.. 3. The prosecution case, in brief, is that marriage of sister of informant was solemnized with co-accused Pramod Shah about 17 years ago. It is alleged that after some time of marriage, all the named accused persons, including these petitioners, started demanding dowry and due to non-fulfillment
Patna High Court CR. MISC. No.862 of 2026(3) dt.13-03-2026 2/3 of demand of dowry, they tortured and harassed the victim. It is further alleged that on 06.07.2025, all the accused persons assaulted the victim due to which she died. Co-accused Pramod Shah himself informed the informant that he has killed his sister. Informant alleges that the victim was killed by her husband, co- accused Pramod Shah, as he had illicit relations with Petitioner No. 1, namely Usha Devi. 4. It is submitted by learned counsel appearing on behalf of the petitioners that petitioners are quite innocent and have committed no offence. Petitioners have falsely been implicated in this case merely because Petitioner No. 1 happens to be Gotni (sister-in-law), Petitioner No. 2 happens to be mother-in-law, Petitioner No. 3 happens to be Jaut (nephew) and Petitioner No. 4 happens to be father-in-law of the deceased.
Petitioners are separate in mess and property and have got no concern with the affairs of the deceased and her husband. Informant is not an eye witness of the alleged occurrence. Allegation of demand of dowry is general and omnibus and no specific accusation of overt act has been alleged against these petitioners. Thrust of accusation is against husband of deceased. As a matter of fact, the deceased herself committed suicide and even as per post mortem report, cause of death as Asphyxia due
Patna High Court CR. MISC. No.862 of 2026(3) dt.13-03-2026 3/3 to hanging. Petitioners claim clean antecedents. 5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioners. 6. Considering the facts and circumstances of the case, general and omnibus nature of accusation and clean antecedents of the petitioners, the prayer for grant of anticipatory bail to the petitioners is allowed. 7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioners be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Siwan in connection with Bhagwanpur Hatt P.S. Case No. 322 of 2025, subject to condition as laid down under Section 482(2) of the B.N.S.S.. shashank/- (Prabhat Kumar Singh, J) U T