Allowed¶26

Shiv Dulari Devi v. The State of Bihar

Patna HC3 Apr 2025CR. MISC./672/2025

Case brief

AI extract

What is this about?

Bail granted; BNS Sections 103(1)/80/85/238/3(5); dowry-demand murder allegation; Baheri PS Case 302/2024, Darbhanga; general and omnibus allegations; no criminal antecedent; custody since 01.09.2024/03.09.2024; witnesses Paras 4-7 supported prosecution; charge-sheet filed; bail bond Rs 10,000 each with two like sureties; Patna High Court Criminal Miscellaneous No.672 of 2025; Justice Rudra Prakash Mishra; dated 03-04-2025; advocates: Kedar Jha, Md. Matloob Rab (APP), Maya Shankar, Kanchan Jha.

What did the court decide?

Release of both petitioners on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Baheri P.S. Case No. 302 of 2024. ¶26

Shiv Dulari Devi Vs The State of Bihar — Dowry and Cruelty | Patna HC (2025)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.672 of 2025

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Arising Out of PS. Case No.-302 Year-2024 Thana- BAHERI District- Darbhanga

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======================================================

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Shiv Dulari Devi W/O- Ram Vilash Yadav @ Ram Vilas Yadav VillageBanoul Ps- Baheri Dist- Darbhanga

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Ranveer Yadav @ Bhulla @ Ranvir Yadav S/O- Ram Vilash Yadav @ Ram Vilas Yadav Village- Banoul Ps- Baheri Dist- Darbhanga

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Kedar Jha, Adv. For the Opposite Party/s : Mr. Md. Matloob Rab, APP For the Informant : Mr. Maya Shankar, Adv. Mr. Kanchan Jha, Adv.

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======================================================

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CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

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ORAL ORDER

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3 03-04-2025

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Heard learned counsel for the petitioners and learned

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APP for the State as also learned counsel for the Informant. Perused the case diary.

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Learned counsel for the petitioners prays for and is allowed to make necessary correction in Para-4 of the present bail petition.

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The petitioners seek bail in connection with Baheri P.S. Case No. 302 of 2024 instituted for the offences under Sections 103(1), 85, 238, 3(5) of the B.N.S.

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As per prosecution case, the accusation against the accused persons including the petitioner is of torturing and

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Patna High Court CR. MISC. No.672 of 2025(3) dt.03-04-2025 2/3

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committing murder of the deceased due to non-fulfillment of the dowry demand.

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Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence as alleged against them and have falsely been implicated in the present case. the petitioner no.1 is the mother-in-law and petitioner no.2 is the Bhaisur of the deceased having separate residential house and they have no concern with the husband of the deceased and victim since their marriage. The husband and the deceased were living separately from the petitioners after their marriage. The petitioners have never tortured or demanded any dowry from the deceased or her family. The petitioners have not committed any offence as alleged in the F.I.R. Learned counsel for the petitioners submits that there is no direct or specific allegation of any overt act against the petitioners rather the same is general and omnibus in nature. The petitioners have no criminal antecedent. The petitioners are languishing in judicial custody since 01.09.2024/03.09.2024 without any rhymes or reason.

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On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners, stating that the offence alleged against the

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Patna High Court CR. MISC. No.672 of 2025(3) dt.03-04-2025 3/3

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petitioners is serious in nature. In course of investigation, the witnesses in Para 4, 5, 6 & 7 have supported the prosecution case. The petitioners are named in the F.I.R. and, hence, they do not deserve bail. The I.O. has submitted charge-sheet under Sections 103(1), 80, 85, 3(5) of the B.N.S.

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Having heard rival contention of both the parties and considering the entire facts and circumstances of the case, the period of custody of the petitioners and the petitioners having no criminal antecedent, let the petitioners, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Baheri P.S. Case No. 302 of 2024.

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(Rudra Prakash Mishra, J)

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rishi/-

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U T

Shiv Dulari Devi v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Shiv Dulari Devi v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

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