Sunaina Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3327 of 2025 Arising Out of PS. Case No.-900 Year-2024 Thana- AHIYAPUR District- Muzaffarpur ====================================================== Sunaina Kumari D/O Late Raj Mangal Rai, W/O Lalan Kumar R/O Vill.- Chanakyapuri,P.S- Ahiyapur, Dist- Muzaffapur. At present resident of Vill.- Adam Chhapra, P.S- Karja, Dist- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ratneshwar Prasad, Adv.
For the Opposite Party/s :
Mr. Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 15-02-2025 Heard the learned Advocate for the petitioner and the learned APP for the State.
2. The petitioner apprehends her arrest in connection with Ahiyapur P.S. Case No. 900 of 2024, registered for the offences punishable under Sections 80, 3(5) of the BNS.
3. The marriage of the daughter of the informant was solemnized with one Ankit Kumar @ Jiyalal Rai in the year 2022. Soon after the marriage, the victim was subjected to demand of dowry and on account of non fulfillment of the same, she was tortured and done to death. On 04.07.2024, an information was given to the informant that his daughter was contacted with live-wire, whereupon, the informant rushed to the matrimonial house of the victim and found her dead.
Patna High Court CR. MISC. No.3327 of 2025(2) dt.15-02-2025 2/3
4. Learned Advocate for the petitioner contended that the petitioner is none-else but the married sister-in-law of the deceased. The FIR clearly suggest that the deceased was also blessed with a son, age about eight months, which clearly demonstrate that there was a good relationship between the husband and wife. Moreover, the petitioner has no concern with the day-to-day affairs of the deceased and her husband, as the petitioner has been residing in her matrimonial house with her husband. It is lastly contended that even if the allegation is to be considered, the same is omnibus in nature and the husband of the deceased has already surrendered and he is in custody since 05.07.2024
5. On the other hand, learned counsel for the State opposed the pre-arrest bail application.
6. Regard being had to the submissions made on behalf of the parties and considering the fact that the petitioner is sister-in-law of the deceased, has been residing in her matrimonial home, coupled with the omnibus nature of allegation, let the petitioner above named be released on bail, in the event of her arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/-
Patna High Court CR. MISC. No.3327 of 2025(2) dt.15-02-2025 3/3 (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Muzaffarpur in connection with Ahiyapur P.S. Case No. 900 of 2024, subject to the conditions laid down in Section 438(2) Cr.P.C. with the further condition that one of the bailors shall be the own/close family members of the petitioner. (Harish Kumar, J) shivank/- U T