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Patna High CourtCR. MISC./17377/2025rejected

Vinita Devi v. The State Of Bihar

2025-07-02Mr. Justice Ramesh Chand Malviya3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17377 of 2025 Arising Out of PS. Case No.-91 Year-2024 Thana- PANDARAK District- Patna ====================================================== Vinita Devi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nand Kumar Sagar, Adv For the Opposite Party/s :

Mr.Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 02-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Pandarak P.S Case No. 91 of 2024 registered for the offences punishable under Sections 304B and 34 of the Indian Penal Code.

3. As per allegation in the FIR, petitioner along with other family members had assaulted and killed the daughter of the informant due to non fulfillment of dowry.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He submits that petitioner is mother-in-law of the deceased. He next submits that petitioner's name transpires solely on the basis of suspicion. He further submits that petitioner is an old aged woman with

Patna High Court CR. MISC. No.17377 of 2025(4) dt.02-07-2025 2/3 multiple health issue. It is also submitted that petitioner is in judicial custody since 13.10.2024 having clean antecedent.

5. However, learned APP for the State oppose the prayer for regular bail of the petitioner and submitted that the petitioner had committed the murder of the daughter of the informant due to non-fulfillment of dowry demand, therefore, petitioner does not deserve for regular bail.

6. On perusal Post-mortem report, it appears that several injuries has been found on the body of the deceased which are as follows:

I. Thumb impression on both the side of neck slightly black in colour size 11⁄2cm * 11⁄2 cm each side of the neck ii. Multiple abrasion over face iii. Internal Injuries mentioned as follows:

a. All cranial bones intact.

Brain matter constant b. Neck: Blood clot seen under the thumb mark on dissection.

Cervical bone intact.

c. Chest: Both lungs congested.

Rt. Chamber of heart is full of blood and Lt. Chamber is empty. All ribs are intact d. Abdomen: All abdominal vicsera congested. Stomach contains digested food. Uterus is empty. No injury on the private part.

All limbs intach.

Patna High Court CR. MISC. No.17377 of 2025(4) dt.02-07-2025 3/3

7. On perusal FIR, Post-mortem report, entire case diary and impugned order dated 07.01.2025, it appears that daughter of the informant was continuously being tortured for non fulfillment of dowry demand which is apparent from paragraph 4, 5, 6, 7, 8 and 9 of the case diary. Moreover, from postmortem report, it appears that the death of the deceased has been caused in an unnatural condition and that also within two years of marriage of the deceased and the dead body of the deceased was recovered from the petitioner's house and all witnesses have also supported the case of the prosecution. So considering all materials available in the case diary as well as the facts this Court is not inclined to grant bail to the petitioner.

8. Accordingly, the regular bail of the petitioner is hereby rejected.

(Ramesh Chand Malviya, J) Sunnykr/- U