Phoolmati Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11480 of 2025 Arising Out of PS. Case No.-187 Year-2024 Thana- CHANPATIA District- West Champaran ====================================================== Phoolmati Devi W/O Sri Sohan Mukhiya Resident of village - Chanpatia, ward no.- 03, P.S- Chanpatia, District - West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Sharad Kumar Verma, Advocate For the State :
Ms. Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-03-2025 Heard learned counsels for the parties.
2. The petitioner apprehends her arrest in a case registered for the offence punishable under Sections 80 and 3(5) of the B.N.S..
3. The prosecution case, in brief, is that niece of informant, namely Puja Kumari, was married with co-accused Sudarshan Mukhiya in the year 2023 in accordance with Hindu rites and rituals. Subsequently, this petitioner, along with other accused persons named in the F.I.R., started demanding dowry and due to non-fulfillment of demand of dowry, niece of informant was subjected to torture and cruelty and on 14.08.2024 at about 8:30 AM, informant received information
Patna High Court CR. MISC. No.11480 of 2025(2) dt.21-03-2025 2/3 that his niece was hanged to death by all the accused persons.
4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is quite innocent and has committed no offence. Petitioner has falsely been implicated in this case merely because she happens to be mother-in-law of the deceased. Petitioner is victim of over implication. There are general and omnibus allegations and there is no specific allegation of overt act against this petitioner. Petitioner is separate in mess & property and has got no concern with the affairs of the deceased and her husband. Thrust of accusation is against husband of the deceased who is already in custody. Petitioner is a lady and claims clean antecedents.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner.
6. Considering the aforesaid facts and circumstances, nature of accusation and clean antecedents of the petitioner, the prayer for grant of anticipatory bail to the petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount
Patna High Court CR. MISC. No.11480 of 2025(2) dt.21-03-2025 3/3 each to the satisfaction of learned Judicial Magistrate, 1st Class, Bettiah, West Champaran in connection with Chanpatia P.S. Case No. 187 of 2024, subject to condition as laid down under Section 482(2) of the B.N.S.S..
(Prabhat Kumar Singh, J) shashank/- U T