Fuliya Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13683 of 2025 Arising Out of PS. Case No.-520 Year-2021 Thana- SAKRA District- Muzaffarpur ====================================================== Fuliya Devi W/O Sri Sitaram Das R/O Vill.- Malpur Chak Hazrat, Ward no. 17, P.S.- Sakra, Dist.- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sagar Kumar, Advocate For the Opposite Party/s :
Mr. Madan Kumar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 18-06-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 80 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. The allegation in the first information report is that of causing dowry death of the deceased, who is the daughter of the informant, on account of non-fulfillment of dowry demand. It has been alleged that the marriage of the deceased was solemnized with one Ajay Das three years prior to the date of occurrence.
4. It has been submitted on behalf of the learned counsel for the petitioner that the petitioner is an old and ailing mother-in-law of the deceased and there are general and omnibus allegations of demand of dowry and torture against the
Patna High Court CR. MISC. No.13683 of 2025(4) dt.18-06-2025 2/3 accused persons. Further, it is the husband who is primarily responsible for the welfare of the wife in the matrimonial household and it has been submitted that the husband of the deceased is in custody. It has also been submitted that the petitioner was not concerned with day to day affairs of the deceased and her husband. Further, the three other co-accused persons including the brother of the husband of the deceased have been granted the privilege of anticipatory bail by a coordinate Bench of this Court vide order dated 29.09.2022 passed in Cr. Misc. No. 22104 of 2022 which has been brought on record by way of Annexure-2 of the bail petition. It has also been submitted by the learned counsel for the petitioner that no coercive processes have been issued against the petitioner till date.
5. Learned APP for the State opposes for prayer for bail.
6. Taking into consideration the above-mentioned facts and circumstances of the case and also considering that the petitioner is an old lady aged about 75 years, it is directed that the petitioner, above named, in the event of her arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with
Patna High Court CR. MISC. No.13683 of 2025(4) dt.18-06-2025 3/3 Shakra P.S. FIR No. 520 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-1st Class, Muzaffarpur (East), subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the B.N.S.S, 2023. However, before accepting the bail bonds of the petitioner, it could only be confirmed as to whether the submission that the husband of the deceased is in custody is correct. (Soni Shrivastava, J) ajay/- U T