Indicates the necessity for reviewing evidentiary support in claims of dowry death pre-emptively through anticipatory bail requests.

CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

2 10-12-2025 Heard learned counsel for the petitioner, learned A.P.P. for the State and the learned counsel appearing on behalf of the informant.

2. The petitioner apprehends her arrest in a case registered for the offences punishable under Sections 302 , 304(B) and 120(B) of the IPC.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and the informant alleges that his daughter was married to Chandan on 13.05.2020, after three months of marriage, the accused persons started torturing her for a Bullet motorcycle and a gold chain. On intervention of the villagers, a written agreement was executed on 13.12.2021 wherein accused persons assured that victim would not be tortured any further, but on 27.07.2022, the accused persons took the victim away from village Kesuli and on 02.09.2022, the informant received an information from his samdhi regarding death of the victim and on asking about the dead body of his daughter, he did not disclose anything and disconnected the call.

4. Learned counsel for the petitioner submits that petitioner being married sister-in-law of the deceased has been falsely implicated in the instant case by the informant. It is next submitted that from perusal of the allegation as alleged in the FIR, it would manifest that allegation of demand of dowry and torture against the petitioner is also general and omnibus in nature. It is next submitted that since petitioner is a married women as such she was not involved in the day to day affairs of the life of her brother and sister-in-law (deceased). It is also submitted that from perusal of the allegation as alleged in the FIR it would manifest that informant alleges that he came to know through the villagers that the accused persons had taken the victim out of the village on 27.07.2022 to some other place with a view to kill her but then the FIR does not disclose that as to where the deceased was taken. It is further submitted that on 02.09.2022, the father-in-law of the deceased called and informed the informant about the death of the victim but then he did not disclose from where he was calling. Learned counsel for the petitioner submits that the victim along with her husband and other family members had gone to Indore where she died at Geeta Bhawan Hospital as would manifest from Annexure-P/3 to the anticipatory bail application on 02.09.2022 and it is the same date on which her father called and informed the informant about the death of the victim. It is submitted that the entire facts were disclosed to the informant by her father but for reasons best known, he choose to conceal the relevant facts in the FIR. It is fairly submitted that process under Sections 82 and 83 Cr.P.C. against the petitioner has been issued but then the petitioner prior to issuance of notice under Section 82 Cr.P.C. had already approached the learned District Court for seeking anticipatory bail on 21.08.2025 and the process under Section

82 Cr.P.C. was issued on 02.09.2025.

5. The learned counsel appearing on behalf of the informant vehemently opposes the anticipatory bail application and submits that a false submission has been made that the victim died at Indore in Geeta Bhawan Hospital. It is submitted that the dead body of the deceased was found by the villagers and thereafter the same was sent to the Sadar Hospital, Madhubani and post-mortem of the dead body was conducted and doctor opined the dead body to be caused by hemorrhage and shock due to multiple heavy impact of hard and blunt substance on cervical, thoracic and abdominal region. It is thus submitted that Annexure-P/3 appears to be a forged document.

6. Put up this case on 17.12.2025 when the S.H.O. and the I.O. of the case shall remain physically present before this Court with a copy of the case diary and the post-mortem report.

7. Learned APP, Mr. Chandra Bhushan Prasad, is directed to communicate the order to the Superin