Agani Devi @ Agni Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3606 of 2025 Arising Out of PS. Case No.-109 Year-2024 Thana- MOHANPUR District- Gaya ====================================================== Agani Devi @ Agni Devi, W/O Late Gulab Manjhi, R/O Village- Pathara, P.S- Mohanpur, Distt.- Gaya.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rakesh Kumar, Advocate For the Opposite Party/s :
Mr. Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 05-02-2025 Heard Mr. Rakesh Kumar, learned Advocate for the petitioner and learned APP for the State.
2. The petitioner seeks regular bail, who is in custody in connection with Mohanpur P.S. Case No. 109 of 2024 registered for the offences punishable under Sections 304(B)/34 of the Indian Penal Code.
3. Allegedly the marriage of the daughter of the informant was solemnized with the son of the petitioner in the year 2020. Soon after the marriage, the deceased was subjected to demand of dowry and on account of non-fulfillment of the same, she was done to death. It is also alleged that prior to the alleged occurrence on 24.02.2023, all the accused persons have assaulted the daughter of the informant and ousted from house; with regard to such incidence, a complaint case was also filed
2/4 and the same is pending before the court. However, on the allurement given by the accused persons, the matter has been compromised and the deceased was brought to her matrimonial home where she was done to death.
4. Learned Advocate for the petitioner contended that the petitioner is non-else, but the old widow mother-in-law of the deceased, aged about 62 years. Referring to the F.I.R., it is further contended that omnibus nature of allegation has been levelled against all the family members of the petitioner. In fact, the deceased was never interested in residing in her matrimonial home, due to which some dispute has arisen earlier. Later on, the matter was compromised and she was taken to her matrimonial home. However, on the fateful day, some dispute has again arisen between the husband and wife and the deceased has committed suicide, which is also evident from the impugned order. Referring thereto, learned Advocate for the petitioner further contended that the cause of death is shown to be asphyxia and shock, due to hanging. The petitioner has no concern with the day-to-day affairs of the deceased and her husband. All the more, the husband of the deceased is behind the bar.
5. On the other hand, learned APP for the State
3/4 vehemently opposes the bail application.
6. Regard being had to the submissions made on behalf of the parties and considering the fact that the petitioner is mother-in-law of the deceased and has been incarcerated since 10.07.2024, the investigation of the crime is complete and charge-sheet has been submitted, let the petitioner, named above, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-II, Sherghati, Gaya in connection with Mohanpur P.S. Case No. 109 of 2024, subject to the condition that one of the bailors will be the close relatives of the petitioner with further conditions which are as follows:- (i) The petitioner will cooperate in conclusion of the trial.
(ii) She will remain present on each and every date of trial till disposal of the case.
(iii) She will not try to tamper with the evidence or intimidate the witnesses to delay the disposal of trial. (iv) In the event of default of two consecutive dates without any cogent reason, her bail bonds will liable to be cancelled.
4/4 (v) 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 immediate step for cancelling the bail bond of the petitioner. However, the acceptance of bail bonds, in terms of the above-mentioned order, shall not be delayed for this purpose or in the name of verification.
(Harish Kumar, J) uday/- U T