Chandra Kala Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13914 of 2026 Arising Out of PS. Case No.-672 Year-2025 Thana- KISHANGANJ District- Kishanganj ====================================================== 1.

Chandra Kala Devi W/o Ashok Prasad Gupta @ Ashok Gupta Resident of Village- Khagra Machhmara, ward no. 32, Police Station-Kishanganj, District- Kishanganj 2.

Ankita Kumari D/o Ashok Prasad Gupta @ Ashok Gupta Resident of Village- Khagra Machhmara, ward no. 32, Police Station-Kishanganj, District- Kishanganj ... ... Petitioners

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Durga Nand Jha, Advocate For the Opposite Party/s :

Mr. Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 18-03-2026 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. In the present case, the petitioners are apprehending their arrest in connection with Kishanganj P.S. Case No. 672 of 2025, dated 08.12.2025, registered for the offences punishable under Sections 103(1) and 80(2) read with Section 3(5) of the B.N.S., 2023.

3. As per prosecution case, the maternal grand daughter of the informant was married with one Sonu Kumar Gupta, the son of petitioner no. 1 and the brother of petitioner no. 2. She died within seven years of her marriage in her matrimonial home and the allegation against the petitioners is

2/4 that they and other co-accused persons throttled the grand daughter of the informant to death.

4. Learned counsel for the petitioners submits that petitioners are innocent and they have falsely been implicated in this case. From perusal of the FIR it is apparent that the informant is not the eyewitness to the alleged occurrence. The grand daughter of the informant married against his wishes and it was an inter-caste marriage. In fact, it was the informant who had been mentally torturing his grand daughter. The husband of the deceased had been working in his shop, and it was the husband who, on hearing the cries of the small child of the deceased, went and brought down her dead body hanging from the fan. It seems the grand daughter of the informant committed suicide. There is no record of any dowry demand or harassment caused on account of this demand prior to the death of the grand daughter of the informant.

Nothing has come on record to show that the grand daughter of the informant was ever tortured or subjected to mental and physical cruelty. Learned counsel further submits that in order to take vengeance, the informant has lodged this false case. Petitioner no.

3/4 present case. Learned counsel further submits that the motherin-law of the deceased, the petitioner no. 1 herein, is aged about 52 years and both the petitioners are having clean antecedent.

5. Learned APP opposes the submission made on behalf of the petitioners and submits that the death occurred within seven years of marriage and presumption would go against the petitioners.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the fact that both the petitioners are ladies having clean antecedent and further considering the general and non-specific nature of allegation against the petitioners and also considering the doubtful nature of accusation, let the petitioners above-named, in the event of their arrest or surrender before the Court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kishanganj, in connection with Kishanganj P.S. Case No. 672 of 2025, subject to the conditions as laid down under Section 482(2) of the B.N.S.S. and other following conditions:

4/4 (i) One of the bailors will be a close relative of the petitioners.

(ii) The petitioners will remain present on each and every date fixed by the Court below, if so required by the learned trial Court.

(Arun Kumar Jha, J) Shahnawaz/- U T