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2026 Supreme(Online)(Pat) 1775

PATNA HIGH COURT
Godawari Devi
Cr.Misc.-76017/2025



IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.76017 of 2025 Arising Out of PS. Case No.-38 Year-2016 Thana- PALANWA District- East Champaran ======================================================

Godawari Devi W/o Late Bhola Thakur, R/o village- Bhelahi, P.S.- Palanwa, Dist- East Champaran.

... ... Petitioner Versus The State of Bihar ... ... Opposite Party ======================================================

Appearance :

For the Petitioner/s : Mr. Dhannjay Kumar-II, Advocate For the Opposite Party/s : Mr. Md. Fahimuddin, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER

5 21-01-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. In the present case, the petitioner seeks bail in connection with Palanwa P.S. Case No. 38 of 2016 dated 08.07.2016, registered for the offence punishable under Section

304B read with Section 34 of the Indian Penal Code. 3. As per the prosecution case, the daughter of informant was married with the son of the petitioner and she died in her matrimonial home. Further allegation is that there was demand of dowry and consequent assault and torture on non-fulfillment of this demand.

4. Learned counsel appearing on behalf of the petitioner submits that petitioner has falsely been implicated in the present case. Petitioner is mother-in-law of the deceased who committed suicide and petitioner has been made accused in the present case with false allegation. There is no specific allegation against the petitioner. From the FIR it is apparent that the informant received information of death of his daughter on 07.07.2016 and he reached the matrimonial home of his daughter on 08.07.2016, if there was any guilty intention on the part of the petitioner, she would not have informed the informant and would have disposed of the body. The husband of the deceased used to work in Nepal and some hot talk took place between them and the deceased commmitted suicide. The petitioner is aged about 70 years and she is in custody since 16.07.2025. Learned counsel lastly submits that petitioner is having clean antecedent and chargesheet has been submitted.

5. Learned A.P.P. appearing on behalf of the State opposes the submissions made on behalf of the petitioner.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the fact that petitioner is stated to be the mother-in-law of the deceased and further considering her age, period of custody, clean antecedent and the submission of chargesheet, the petitioner, above-named, is directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran / concerned Court, in connection with Palanwa P.S. Case No. 38 of 2016, subject to the condition laid down under Section 480(3) of the B.N.S.S. and other following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial Court.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the Court concerned.

(Arun Kumar Jha, J)

Shahnawaz/-

U T

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