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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.16836 of 2026 Arising Out of PS. Case No.-287 Year-2025 Thana- GAUTAMBUDHNAGAR District- Siwan ======================================================
1. Chandrawati Devi w/o Shivnath Ram Resident Of Village - Fakhruddinpur, P.S- G B Nagar, Dist- Siwan
2. Shivnath Ram Son of late Lachchha Ram Resident Of Village - Fakhruddinpur, P.S- G B Nagar, Dist- Siwan
3. Pushpa Devi Daughter of Shivnath Ram Resident Of Village - Fakhruddinpur, P.S- G B Nagar, Dist- Siwan
4. Anita Devi wife of Rakesh Ram Resident Of Village - Fakhruddinpur, P.S- G B Nagar, Dist- Siwan
5. Hiralal Ram Son of Indrasan Ram Resident Of Village - Fakhruddinpur, P.S- G B Nagar, Dist- Siwan ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ajay Kumar Tiwary, Adv. For the Opposite Party/s : Mr. Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 4 24-06-2026 Heard the learned Advocate for the petitioners and the learned Additional Public Prosecutor for the State. 2. The petitioner nos. 1, 3, 4 and 5 are apprehending their arrest in connection with G.B. Nagar P.S. Case No. 287 of 2025, registered for the offences punishable under Sections 80(2), 238 and 3(5) of the B.N.S., 2023. 3. Based upon the written report, the prosecution alleges that the marriage of the daughter of the informant was solemnized with Birendra Ram, son of the petitioner no. 1, six years ago. Soon after the marriage, she was subjected to the
Patna High Court CR. MISC. No.16836 of 2026(4) dt.24-06-2026 2/3 demand of dowry and on account of non fulfillment of the same, she was done to death and the dead body was surreptitiously cremated. 4. Learned Advocate for the petitioners submitted that the petitioner no. 1 is the mother-in-law, whereas petitioner no. 3 is married nanad, petitioner no. 4 is gotni and petitioner no. 5 is devar of the deceased. The petitioners have no concern with the family affairs of the husband and the wife, who are living separately. Taking this Court through the FIR, it is submitted that admittedly with regard to the unfortunate incidence, it is the petitioner no. 1, who telephonically informed the informant, but subsequently on the instigation made by some unscrupulous person, the present FIR has been instituted by making concocted allegation of the demand of dowry and torture.
The marriage was solemnized six years ago and at this belated stage, any demand of dowry does not inspire confidence. There is no eyewitness to the alleged occurrence and the entire case is based on presumption. 5. On the other hand, learned Advocate for the State opposed the pre-arrest bail application and submits that the petitioners are closed family members, who were indulged in demand of dowry and torture, which resulted into her death. Patna High Court CR. MISC. No.16836 of 2026(4) dt.24-06-2026 3/3
6. Having considered the submissions advanced by learned Advocate for the respective parties and taking note of the fact that the omnibus allegation has been levelled against all the in laws persons, without there being any specific accusation, coupled with the fact that the marriage was solemnized six years ago and they have been living separately from the husband and wife, let the petitioner nos. 1, 3, 4 and 5 above named be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-IV, Siwan in connection with G.B. Nagar P.S. Case No. 287 of 2025, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023 with the further condition that one of the bailors shall be the own/close family members of the petitioners. shivank/- (Harish Kumar, J) U T