A lack of specific allegations and the petitioner's clean antecedents justify granting bail in dowry death cases.

For the Petitioner/s : Mr.Nagadeo Choubey, Advocate For the Opposite Party/s : Mr.Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER

2 20-01-2026 Heard Mr.Nagadeo Choubey, learned counsel for the petitioner and Mr.Shailendra Kumar, learned Additional Public Prosecutor for the State.

2. The petitioner seeks bail, who is in custody since

13.08.2025 in connection with Sikraul P.S. Case No. 94 of 2025, F.I.R. dated 13.08.2025 registered for the offence punishable under Sections 80(2), 82(1), and 3(5) of BNS ,2023.

3. Allegation against the petitioner is that she alongwith other co-accused persons have in furtherance of their common intention committed the dowry death of the sister of the informant.

4. Learned counsel appearing for the petitioner submits that the petitioner has clean antecedent. The allegation as alleged in the FIR is false and fabricated and the petitioner has not committed any offence as alleged in the FIR. She has been made accused in the present case merely on the ground that she is mother-in-law of the deceased. It appears from the FIR that although the petitioner is named in the FIR but there is no specific allegation of any assault, overt-act or demand of dowry attributed against the petitioner rather there is general and omnibus allegation against all the accused persons including the petitioner and informant is not the eye witness of the alleged occurrence and the police, after investigation, submitted chargesheet against the petitioner and the petitioner is in custody since 13.08.2025.

5. Learned A.P.P. for the State has vehemently opposed the prayer for bail of the petitioner.

6. Considering the aforesaid facts, petitioner has clean antecedent, there is no specific allegation of any assault, overt- act or demand of dowry attributed against the petitioner in the FIR and petitioner is mother-in-law of the deceased, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-1, Buxar in connection with Sikraul P.S. Case No. 94 of 2025, with the following conditions:-

(I) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(II) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(III) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J)