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Patna High CourtCR. MISC./8457/2025bail rejected

Dhanmatiya Devi v. The State Of Bihar

2025-05-13Mr. Justice Khatim Reza3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8457 of 2025 Arising Out of PS. Case No.-576 Year-2024 Thana- DAUDNAGAR District- Aurangabad ====================================================== Dhanmatiya Devi W/O Chandramal Chaudhry @ Chjandramal Chaudhary R/O Village- Sinduar Prasadi Bigha, P.S- Daudnagar, Distt.- Aurangabad (Bihar).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Santosh Chandra Bhaskar, Advocate For the Opposite Party/s :

Mr. Murli Dhar, APP For the Informant :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 13-05-2025 Heard learned counsel for the petitioner; learned counsel for the informant and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Daudnagar P.S. Case No. 576 of 2024 dated 14.09.2024, instituted for the offence punishable under Sections 80 and 3(5) of the B.N.S., 2023.

3. The prosecution case, in short, is that, the daughter of informant was married to Dipak Chaudhary on 11.06.2024. Just after marriage, the daughter of informant was being harassed and tortured at the hands of her husband, mother-inlaw (petitioner) and in-laws for demand of dowry. It is further alleged that the accused persons have killed his daughter and informed him. The informant reached matrimonial house of his

Patna High Court CR. MISC. No.8457 of 2025(3) dt.13-05-2025 2/3 daughter and saw dead body of her daughter was hanging with dupatta.

4. Learned counsel for the petitioner submits that the petitioner is innocent and she has been falsely implicated in this case. It is further submitted that petitioner is mother-in-law of the deceased (informant's daughter). There is no specific allegation against the petitioner rather the allegation levelled against the petitioner is general and omnibus in nature. It is submitted that the deceased was examined by the doctor and post-mortem report has come on record. It is next submitted that viscera was preserved and sent to F.S.L. Lastly, it has been submitted that the petitioner is in custody since 08.10.2024 having no criminal antecedents and charge-sheet has been submitted in the case.

5. Learned A.P.P. and learned counsel for the informant vehemently opposed the prayer for bail of the petitioner and submitted that the petitioner has killed the daughter of the informant and informed him about her death. It is further submitted that post-mortem report clearly reveals 'Ligature mark of U shaped on anterior aspect of neck' on the body of the deceased. The opinion regarding cause of death of deceased is preserved and viscera has been sent to F.S.L., Patna.

Patna High Court CR. MISC. No.8457 of 2025(3) dt.13-05-2025 3/3 The said occurrence took place within seven months from the date of marriage.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, I am not inclined to grant bail to the petitioner at this stage.

7. Accordingly, the prayer for bail of the petitioner is hereby rejected.

8. However, the learned Trial Court is directed to expedite the trial and take all endeavour to conclude the trial at the earliest, preferably, within a period of nine (09) months from the date of receipt or production of a copy of this order. In the event, the trial is not concluded within the stipulated period, the petitioner shall be at liberty to renew his prayer for bail after the expiry of nine months.

(Khatim Reza, J) Sankalp/- U T