Sulekha Devi @ Sunita Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8611 of 2025 Arising Out of PS. Case No.-378 Year-2024 Thana- GAURICHAK District- Patna ====================================================== Sulekha Devi @ Sunita Devi W/O Mahendra Rai R/O Village- Chandasi, P.SGaurichak, Dist.- Patna. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Kamlesh Prasad Yadav, Advocate For the Opposite Party/s :
Mr.Sanjay Kumar Tiwary, APP Mr. Shashank Shekhar, Advocate Mr. Jayant Kumr Ray,Advocate Mr. Anjani Kumar, Advocate Mr. Jagjit Roshan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 14-05-2025 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 Gaurichak P. S. Case No. 378 of 2024, dated 26-07-2024, instituted for offences punishable under Sections 80 and 3(5) of the Bhartiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that the informant got his daughter, Puja Kumari, married to Niraj Kumar on 31.05.2022 and, on the occasion of the marriage, given Rs. 50 lakhs in cash along with goods amounting to Rs.15 lakhs. After the marriage, the informant's daughter was taken to her matrimonial home, but her relationship with her husband, Niraj
Patna High Court CR. MISC. No.8611 of 2025(3) dt.14-05-2025 2/3 Kumar, was not cordial. It is also alleged that during this period, a male child was born, who is still alive. It is further alleged that the informant was informed by Mithilesh Rai that his daughter had been killed by her in-laws due to non-fulfillment of the dowry demands.
4. Learned counsel appearing for the petitioner submits that the petitioner is innocent and she has been falsely implicated in the present case. It is further submitted that the case has also been lodged against the petitioner as well as other relatives of the deceased's husband. Learned counsel next submits that during the investigation, materials have surfaced suggesting that the deceased's husband, Niraj Kumar, is responsible for her death. Further submission is that other witnesses have stated that due to a quarrel between the husband and wife, the petitioner and her husband were residing in the family's old house. It is also submitted that as per paragraph No. 40 of the case diary, during a scuffle between the husband and the deceased, the petitioner's husband tried to intervene and protect the deceased, during which he himself sustained injuries. Learned counsel further submits that the husband of the deceased is in judicial custody. The petitioner has been in judicial custody since 19-09-2024 having no criminal
Patna High Court CR. MISC. No.8611 of 2025(3) dt.14-05-2025 3/3 antecedents. Charge sheet has been submitted in this case.
5. Learned counsel for the informant and learned Additional Public Prosecutor (APP) for the State have vehemently opposed the prayer for bail. It is submitted that all the family members, including the deceased's husband, were implicated in her murder, which was caused by dowry demands, and occurrence took place due to the non-fulfillment of these demands.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J. M. II, Patna City, in connection with Gaurichak P.S. Case No. 378 of 2024.
7. The application stands allowed.
(Khatim Reza, J) shyambihari/- U