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IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85550 of 2025

Arising Out of PS. Case No.-737 Year-2025 Thana- SIKARPUR District- West Champaran

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Krishnawati Devi @ Krishna Sah Wife of Late Amerika Sah R/o Village -

Narkatiaganj, Police Station - Gaunaha, District - West Champaran.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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Appearance :

For the Petitioner/s : Mr. Brij Kishor Mishra, Advocate

For the Opposite Party/s : Mr. Satyendra Prasad, APP

For the Informant : Mr. Umesh Chandra Verma, Advocate

Mr. Hemant Ray, Advocate

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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA

ORAL ORDER

3 29-01-2026 1. 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 80, 238

and 3(5) of the BNS, 2023

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 Nitesh on 07.03.2025,

after marriage, the husband along with accused persons

including the petitioner started torturing the victim for non-

fulfillment of dowry demand of a motorcycle and a gold chain,

further the informant on 10.07.2025 went to the house of

Patna High Court CR. MISC. No.85550 of 2025(3) dt.29-01-2026

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accused persons for bringing the victim back to her parental

home, but accused persons asked him to take her back on

18.07.2025, next alleges that informant called the victim on

17.07.2025, but he was informed by Shatrudhan that victim has

gone to Patna with her husband who became ill, further on

19.07.2025, the son of the informant went to meet his sister, but

could not find her, thus went to the spare part shop of Nitesh

who fled on seeing his son without disclosing about the victim,

thereafter his son went to the matrimonial house of the victim

on rent, but saw the house was locked from outside and no one

was present, thus, alleges that his daughter has been killed and

dead body disposed of.

4. Learned counsel for the petitioner submits that

petitioner, being mother-in-law of the deceased, has been falsely

implicated in the instant case by the informant, it is next

submitted that informant is not an eye witness to the occurrence,

as such, the entire allegation hinges around suspicion. It is also

submitted that no doubt the marriage of the daughter of the

informant with Nitesh was performed on 07.03.2025 and as

such the death took place within seven years of marriage hence

there is a presumption in law against the husband of the

deceased and his family members, but then all deaths are not

Patna High Court CR. MISC. No.85550 of 2025(3) dt.29-01-2026

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dowry deaths. It is also submitted that though there is allegation

of demand of dowry, but then the same is also general and

omnibus in nature. It is next submitted that whenever any

dispute arises in between the husband and the wife and the

occurrence of the nature as alleged takes place, the entire family

members are implicated in a mechanical manner with general

and omnibus allegations. It is also submitted that petitioner is a

senior citizen and is under treatment at Medanta hospital for her

arthritis issue since 2024 and thus is not in a position to walk

comfortably even.

5. Learned A.P.P. for the State as well as the learned

counsel appearing on behalf of the informant vehemently

opposes the anticipatory bail application of the petitioner. The

learned counsel appearing on behalf of the informant submits

that what is not in dispute rather stands admitted is that daughter

of the informant was killed within seven years of marriage. It is

also submitted that the dead body was disposed of with a view

to conceal evidence regarding death. It is next submitted that it

does not appear probab