Sangeeta Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6895 of 2025 Arising Out of PS. Case No.-100 Year-2024 Thana- HARPUR District- Munger ====================================================== Sangeeta Devi Wife of Ashok Singh Resident of Village- Ganeli, P.S.- Harpur, Distt.- Munger ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Kumar Kamal Nayan For the Opposite Party/s :
Mr.Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 21-03-2025
1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor representing the State.
2. This application, for grant of anticipatory bail, arises out of Harpur Police Station Case No. 100 of 2024, dated 29.09.2024, registered for the offences punishable under Sections 80/3(5) of the Bhartiya Nyaya Sanhita, 2023.
3. The prosecution case, as per the First Informant Report, is that the son of the petitioner and daughter of the informant performed marriage on 12.01.2024, which was being opposed by the informant. After the marriage, the petitioner and other accused persons started demanding one Apache motorcycle and Rs. 5,00,000/- by way of dowry and due to non-fulfillment of the said demand, the accused persons, including the petitioner, used to torture
Patna High Court CR. MISC. No.6895 of 2025(2) dt.21-03-2025 2/3 the daughter of the informant (now deceased). It has been alleged that on 28.09.2024, the accused persons, including the petitioner, killed the deceased.
4. Learned Counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case with ulterior motive. He further submits that the deceased and the son of the petitioner, out of love affair, performed marriage. He further submits that the deceased has committed suicide after hot altercation with her husband. He further submits that the petitioner has got no concern with day to day life of the deceased and/or her husband. He further submits that the petitioner is the mother-in-law of the deceased and the husband of the deceased is already in custody.
5. On the other hand, learned Additional Public Prosecutor vehemently opposed the prayer for bail and submits that within one year of the marriage, the deceased was killed by her in-laws and the petitioner for demand of dowry.
6. I have heard learned counsel for the parties and have gone through the materials on record including the impugned order.
7. Within one year of the marriage, the informant's daughter
Patna High Court CR. MISC. No.6895 of 2025(2) dt.21-03-2025 3/3 died an unnatural death in her matrimonial home. The nature of death is not important whether it is natural, suicidal or accidental but the fact of the matter is that deceased died an unnatural death within one year of her marriage. There is a presumption against the accused persons under Sections 117 and 118 of the Bhartiya Sakshya Adhiniyam, 2023. The offence is serious in nature and the punishment thereof is also serious.
8. Accordingly, I am not inclined to grant anticipatory bail to the petitioner.
9. This application is, accordingly, dismissed. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √