Premlata Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5317 of 2025 Arising Out of PS. Case No.-151 Year-2024 Thana- DEV District- Aurangabad ====================================================== Premlata Devi W/o Rajendra Tiwari, R/o Village- Gram Sarkar, P.S.- Deo, District- Aurangabad, Bihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pramendra Kumar Singh, Advocate Mr. Sanjay Kumar, Advocate For the State :
Mr. Ahmad Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 15-02-2025 Heard Ld. counsel for the petitioner and Ld. APP for the State.
2. The petitioner seeks bail, apprehending her arrest, in connection with Deo P.S. Case No. 151 of 2024 dated 13.07.2024, registered for the offences punishable under Sections 107 and 3(5) of the Bhartiya Nyaya Sanhita (B.N.S.), 2023.
3. As per allegation, one Nilam Kumari was found to have committed suicide in her room with a suicide note disclosing that she was fade up with the behaviour of aunt and grand mother, who is petitioner herein.
4. Ld. counsel for the petitioner submits that the Petitioner is innocent and has falsely been implicated in this
Patna High Court CR. MISC. No.5317 of 2025(2) dt.15-02-2025 2/3 case. He further submits that petitioner is grand mother of the alleged victim and she is 72 years old having various old age ailments and she has no concern with the personal life of the deceased. He further submits that petitioner has no role in commission of the suicide by the victim.
5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the bail petition that the petitioner has no criminal antecedent.
7. However, Ld. APP for the State vehemently opposes the prayer of the Petitioner for bail.
8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of her arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on her furnishing bail bonds in the sum of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Ld. Chief Judicial Magistrate, Aurangabad, in connection with Aurangabad Deo P.S. Case No. 151 of 2024, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and on the
Patna High Court CR. MISC. No.5317 of 2025(2) dt.15-02-2025 3/3 following conditions:
(i) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedents, Ld. court below shall cancel the bail bonds of the petitioner after hearing her and getting satisfied that the petitioner has concealed her criminal antecedents despite her knowledge of the same. (ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, Ld. court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J.) ravishankar/- U T