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2026 DAILYLAW 23293 (PAT)

Shobha Devi v. The State of Bihar

CR. MISC./42382/2026 · 2026-07-08

Anshuman

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No. 42382 of 2026 Arising Out of PS. Case No.-38 Year-2026 Thana- BHAIROGANJ District- West Champaran ====================================================== 1. Shobha Devi W/o Sitaram Das R/o Village- Harpur, P.S.- Bhaitoganj, District- West Champaran. 2. Anju Devi @ Anita Devi W/o Bhanu Das, D/o Sitaram Das R/o Village- Harpur, P.S.- Bhaitoganj, District- West Champaran (As per FIR).At present -R/o Village- Tikuliya, P.S.- Chanpatiya, District- West Champaran. 3. Ranju Devi @ Rinju Devi W/o Raju Das, D/o Sitaram Das R/o Village- Harpur, P.S.- Bhaitoganj, District- West Champaran (As per FIR). At present R/o Village- Pakadihar,P.S.- Chanpatiya, District- West Champaran. 4. Uday Narayan Das Son of Late Kuber Das R/o Village- Harpur, P.S.- Bhaitoganj, District- West Champaran. 5. Jhagaru Das @ Mukesh Das Son of Khublal Das R/o Village- Harpur, P.S.- Bhaitoganj, District- West Champaran. 6. Fulkumari Devi W/o Sanjeet Das @ Sanjeet Kumar Das R/o Village- Harpur, P.S.- Bhaitoganj, District- West Champaran. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Bimlesh Kumar Pandey,Advocate For the Opposite Party/s : Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 2 08-07-2026 Heard learned counsel for the petitioners and learned APP for the State. 2. The petitioners who apprehend arrest in connection with Bhairoganj P.S. Case No. 38 of 2026 lodged on 26.02.2026, for the offences punishable under sections 80, 238, 3(5) of the Bharatiya Nyaya Sanhita, 2023. 3. As per the prosecution, the F.I.R. has been lodged Patna High Court CR. MISC. No. 42382 of 2026(2) dt.08-07-2026 2/3 against 10 named accused persons including the present petitioners. It is alleged that the deceased was subjected to cruelty and harassment on account of dowry and was ultimately done to death by the accused persons. 4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. Learned Counsel for the petitioners further submits that Petitioner No. 1 is mother, Petitioner No. 2 and 3 are married sisters, Petitioner No. 6 is sister-in-law, Petitioner Nos. 4 and 5 are co-villagers of the husband of the deceased. Counsel further submits that the father-in-law and husband of the deceased are in custody. Counsel further submits that the allegation against the petitioners are general and omnibus. Counsel further submits that the Petitioner Nos. 2 and 3, being married sisters, and Petitioner Nos. 4 and 5, being villagers of the husband of the deceased had nothing to do with the matrimonial affairs of the deceased and have been falsely implicated in the present case. The antecedents of the petitioners are clean. 5. Learned APP for the State opposes the prayer for bail and submits that there is specific allegation of demand of dowry against the accused persons. It is further submitted that the jewellery of the deceased was snatched away by her husband Patna High Court CR. MISC. No. 42382 of 2026(2) dt.08-07-2026 3/3 and handed over to her sister-in-law (gotni). 6. Considering the fact that the allegation against the petitioners are general and omnibus, let the above-named petitioners be released on bail, in the event of their arrest or surrender before the Trial Court within a period of four weeks from today, on furnishing bail bond of 30,000/- (Rupees Thirty ₹ Thousand only) each, as mentioned in Section 2(1)(d) of the Bharatiya Nagrik Suraksha Sanhita, 2023, to the satisfaction of the learned JM 1st Class, Bagaha, West Champaran, in connection with the Bhairoganj P.S. Case No. 38 of 2026, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023. Manshi/Ashwini (Dr. Anshuman, J) U T