IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.28028 of 2026 Arising Out of PS. Case No.-641 Year-2024 Thana- MAKHDUMPUR District- Jehanabad ====================================================== 1. Devanti Devi W/o Siya Sharan Chaudhary R/o Village - Bandeya Tola Mali Bagicha, P.S - Makhdumpur, District - Jehanabad 2. Siya Sharan Chaudhary S/o Late Jageshwar Chaudhary R/o Village - Bandeya Tola Mali Bagicha, P.S - Makhdumpur, District - Jehanabad ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Umesh Kumar, Advocate For the Opposite Party/s : Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 2 14-05-2026 1. Heard learned counsel for the petitioners and the learned APP for the State. 2. The petitioners seek bail in a case registered for the offences punishable under Sections 80, 238 and 3(5) of the BNS, 2023. 3. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and is in custody since 16.03.2026 and the informant alleges that his sister was married to Rakesh on 07.03.2024, after marriage accused persons were demanding jewellery by way of dowry and on account of non-fulfillment of the demand, there used to be fights in between the deceased and Rakesh, further out of the wedlock, a daughter was born, next alleges that on 27.12.2024 villagers informed that the victim has been killed and the dead body Patna High Court CR. MISC. No.28028 of 2026(2) dt.14-05-2026 2/3 cremated and the accused persons have fled, accordingly, the informant reached the place of occurrence and came to know that dead body has been cremated near a river, accordingly, he reached near the river and saw that victim’s dead body was cremated and was covered with mud. 4. Learned counsel appearing on behalf of the petitioners submits that petitioners, being mother-in-law and father-in-law of the deceased, have been falsely implicated in the instant case by the informant. It is further submitted that informant is not an eye witness to the occurrence and the entire allegation hinges around suspicion. It is also submitted that allegation of demand of dowry and torture is general and omnibus in nature and thrust of the allegation is against Rakesh. It is next 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 allegations. 5. Learned A.P.P. for the State vehemently opposes the regular bail application of the petitioners and submits that what is not disputed rather stands admitted is that victim died within seven years of marriage, as such, presumption in law is against the husband and his family members. It is further Patna High Court CR. MISC. No.28028 of 2026(2) dt.14-05-2026 3/3 submitted that no doubt informant is not an eye witness to the occurrence, but then specific allegation is alleged in the FIR that the victim was killed. It is submitted that had the petitioners not been involved in the occurrence, in that event efforts would have been made to ensure that the dead body is not cremated rather is sent for postmortem for ascertaining the cause of death, but then that was not done. It is further submitted that dead body of the victim was cremated and it is not possible for the husband to single handedly carry the dead body for cremation, which amply demonstrates that he was helped in the occurrence by his family members. 6. After hearing the learned counsel for the parties, the Court is in complete agreement with the submissions made by the learned APP, as such is not inclined to release the petitioners on bail. 7. Accordingly, the instant regular bail application stands rejected. Rishabh/- (Satyavrat Verma, J) U T