Gopi Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9965 of 2025 Arising Out of PS. Case No.-8 Year-2024 Thana- NADI District- West Champaran ====================================================== 1.
Gopi Chaudhary S/O Late Thag Chaudhary Village- Bhagwanpur, P.S.- Nadi, Dist.- West Champaran 2.
Joshi Devi@Jaso Devi W/O Late Subhash Chaudhary Village- Bhagwanpur, P.S.- Nadi, Dist.- West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Prerna Anand, Adv.
For the Opposite Party/s :
Ms. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-07-2025 At the first instance, learned counsel for the petitioners seeks permission of this Court to withdraw this bail petition as against the petitioner no.1, namely, Gopi Chaudhary, stating that during pendency of this petition, he has been arrested by the police.
2. Permission is accorded.
3. Accordingly, the present bail petition stands dismissed as withdrawn as against the petitioner no.1, above named and the following order remains confined only to the petitioner no.2, namely, Joshi Devi @ Jaso Devi.
4. Heard Mr. Prerna Anand, learned counsel for the
2/4 petitioner and Ms. Renu Kumari, learned A.P.P. for the State.
5. The petitioner no.2 apprehends her arrest in connection with S. Tr. No. 660 of 2024 arising out of Nadi P.S. Case No. 08 of 2024 instituted for the offences under Sections 304(B), 201, 120(B), 34 of the Indian Penal Code.
6. As per prosecution case, the accusation against the accused persons including the petitioner is of causing mental torture and ultimately committing murder of the Informant's sister due to non-fulfillment of the dowry demand.
7. Learned counsel for the petitioner submits that the petitioner is innocent and she has been falsely implicated in the present case with false and frivolous allegations only on the basis of suspicion due to village politics. The petitioner has not committed any offence as alleged in the F.I.R. The petitioner is the mother-in-law of the deceased. There is no specific or direct allegation of any overt act against the petitioner rather the same is general and omnibus in nature. The petitioner has neither demanded any dowry nor has committed any cruelty upon the deceased. The husband of
3/4 the deceased is already in jail custody since 26.04.2024. There is not a single independent witness who has come forward and supported the prosecution case. The petitioner has no criminal antecedent as has been stated in paragraph no.3 of the present anticipatory bail application. Charge-sheet has been submitted in this case.
8. Learned counsel for the petitioner again submits that the co-accused namely Bunni Chaudhary @ Buni Chaudhary has already been granted bail by this Court vide order dated 18.03.2025 passed in Cr. Misc. No. 14595 of 2025.
9. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner, stating that the offence alleged against the petitioner is serious in nature. The petitioner is named in the F.I.R. and, hence, she does not deserve bail.
10. Considering the entire facts and circumstances of the case and taking into account the submissions made by the learned counsel for the petitioner, let the petitioner no.2, namely, Joshi Devi@Jaso Devi, in the event of her arrest or
4/4 surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with S. Tr. No. 660 of 2024 arising out of Nadi P.S. Case No. 08 of 2024, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S. (Rudra Prakash Mishra, J) rishi/- U T