Kalyani Kumari @ Laxmi Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8796 of 2025 Arising Out of PS. Case No.-200 Year-2023 Thana- HALSI District- Lakhisarai ====================================================== Kalyani Kumari @ Laxmi Kumari Wife of Abhimanyu Kumar villageProfessor colony, Jakhraj Asthan, Under Adars Ps in the Dist- of Sheikhpura, At P/A- House no. 1258, Gali No. 12, Kapasera New Delhi ... ... Petitioner/s

Versus

The State of Bihar bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjeev Kumar, Adv.

For the Opposite Party/s :

Mr. Pawan Kumar Chaurasia, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-03-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends her arrest in a case registered for the offences punishable under Sections 304(B), 34 of the Indian Penal Code.

3. All the F.I.R. named accused persons including the petitioner, on non-fulfillment of demand of dowry, are said to have instigated the deceased to commit suicide as a result of which she ended her life by hanging herself.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No such occurrence as alleged has ever taken place. Petitioner is sister-in-law of the deceased. She has falsely been implicated

Patna High Court CR. MISC. No.8796 of 2025(2) dt.26-03-2025 2/3 in this case due to ulterior motive. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. She has no criminal antecedent as mentioned in para3 of this application. The marriage of the petitioner was solemnized in the year 2005 and since then she has been residing at her matrimonial house. From perusal of the FIR, it appears that no specific allegation regarding dowry and death of the deceased has been made against the petitioner. Learned counsel further submits that since the deceased has ended her life by hanging herself, the allegation under Section 304B of the IPC is not sustainable in the eyes of law against this petitioner. It is further submitted that there is specific overt act against the husband of the deceased who has already been languishing in judicial custody.

5. Learned APP for the State opposed the prayer for bail.

6. Having regard to the facts and circumstances of the case, since the husband of the deceased is already in judicial custody, let the above named petitioner, be released on bail, in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the

Patna High Court CR. MISC. No.8796 of 2025(2) dt.26-03-2025 3/3 learned lower Court where the case is pending/successor Court in connection with Halsi P.S. Case No. 200 of 2023, subject to the condition as laid down under Section 482 (2) of the B.N.S.S., 2023.

(Anjani Kumar Sharan, J) divyanshi/- U T