Prabhawati Devi @ Prabhawati Kunwar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3554 of 2025 Arising Out of PS. Case No.-150 Year-2024 Thana- CHARPOKHARI District- Bhojpur ====================================================== Prabhawati Devi @ Prabhawati Kunwar, Wife of Late Raj Kumar Singh Resident of Village -Semraon PS -Charpokhari District -Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rama Kant Singh, Advocate For the Informant :

Mr. Ashok Kumar Singh, Advocate For the State :

Mr. Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 04-08-2025

1. Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant.

2. The petitioner apprehends his arrest in connection with Charpokhari P.S. Case No.150 of 2024 registered under Sections 80(2), 3(5) of the Bhartiya Nyaya Sanhita on 09.07.2024.

3. The allegation in the first information report is that the daughter of the informant had been done to death by the accused persons including the present petitioner upon nonfulfillment of demand of dowry.

4. Learned counsel for the petitioner, at the outset, submits that the petitioner is an old mother-in-law and was living separately from the deceased and her husband and, thus,

Patna High Court CR. MISC. No.3554 of 2025(5) dt.04-08-2025 2/3 had no connection with the day-to-day affairs of the deceased and her husband. It has also been submitted that the deceased had all of a sudden fallen ill and before she could be taken to the hospital she died of chest pain and an information with respect to the death of the deceased was given to the informant, whereafter they arrived and the dead body was also subjected to postmortem examination.

5. It is further submitted that there was no effort to cause any disappearance of evidence and the postmortem report of the deceased does not indicate any external injury on the dead body. Further, the husband of the deceased, who is primarily responsible for her welfare has already surrendered on 24.03.2025 before the Court below and he is in custody, as would appear from paragraph 65 of the case diary.

6. Learned counsel for the State and learned counsel for the informant opposes the grant of anticipatory bail of the petitioner.

7. Considering the facts and circumstances of the case, it is directed that the petitioner, above named, in the event of her arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Charpokhari P.S. Case No.150 of 2024 on

Patna High Court CR. MISC. No.3554 of 2025(5) dt.04-08-2025 3/3 furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Bhojpur at Ara, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the B.N.S.S, 2023. (Soni Shrivastava, J) manoj/- U T