Raj Kumari Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14583 of 2025 Arising Out of PS. Case No.-78 Year-2024 Thana- MATIYARIA District- West Champaran ====================================================== 1.
Raj Kumari Devi, W/o Dukhi Ram, Resident of Vill- Ekaderwa, P.S.- Matiyariya, Dist- West Champaran 2.
Guddu Ram @ Guddu Kumar, S/o Dukhi Ram, Resident of Vill- Ekaderwa, P.S.- Matiyariya, Dist- West Champaran 3.
Chinta Devi, W/o Guddu Ram @ Guddu Kumar, Resident of VillEkaderwa, P.S.- Matiyariya, Dist- West Champaran 4.
Dukhi Ram, S/o Late Chhathu Ram, Resident of Vill- Ekaderwa, P.S.- Matiyariya, Dist- West Champaran 5.
Mantu Ram, S/o Dukhi Ram, Resident of Vill- Ekaderwa, P.S.- Matiyariya, Dist- West Champaran 6.
Soniya Devi @ Soni Devi, W/o Mantu Ram, Resident of Vill- Ekaderwa, P.S.- Matiyariya, Dist- West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjeev Kumar, Advocate For the Opposite Party/s :
Mr. Raj Ballabh Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 12-05-2025 Heard Mr. Sanjeev Kumar, learned Advocate appearing on behalf of the petitioners and Mr. Raj Ballabh Singh, learned Additional Public Prosecutor for the State.
2. The petitioners apprehend their arrest in connection with Matiyariya P.S. Case No. 78 of 2024, registered for the offences punishable under Sections 80, 3(5), 117 of the Bharatiya Nyaya Sanhita.
3. The marriage of the daughter of the informant was solemnized with Krishna Nandan Ram on 04.04.2024. Soon after the marriage, the victim was subjected to demand of dowry
Patna High Court CR. MISC. No.14583 of 2025(3) dt.12-05-2025 2/3 and on account of non-fulfillment of the same, she was tortured in various ways and finally done to death on 20.07.2024.
4. Learned Advocate appearing on behalf of the petitioners have primarily contended that the petitioners before this Court are none else, but the in-laws persons, moreover, the specific accusation has been made against son-in-law, namely Krishna Nandan Ram, who is behind the bar. It is further contended that during the course of investigation, the police on information when reached at the place of occurrence, has found the door was locked from inside and thereafter, they have broken the door and found the dead body of deceased, which was found hanging through a dupatta on a bamboo, kept in the room. It is further contended that even the inquest report clearly suggest that the deceased died on account of suicide by hanging.
5. On the other hand, learned Advocate for the State opposed the pre-arrest bail application and submits that the unfortunate death took place within four months of the marriage, that too in a matrimonial house and soon before the death, there was a demand of dowry and, as such, the offence under Section 80, 3(5) of Bharatiya Nyaya Sanhita cannot be ruled out. The petitioners are named in the FIR with certain allegation.
6. Regard being had to the submissions made on behalf of the parties and considering the fact that the entire
Patna High Court CR. MISC. No.14583 of 2025(3) dt.12-05-2025 3/3 allegation revolve around the husband of the deceased, coupled with the materials collected during the course of investigation, as also the fact that there is no mark of violence over the body of the deceased and the post-mortem report clearly suggest that death was due to asphyxia as a result of hanging, let the petitioners above named be released on bail, in the event of their arrest or surrender before the Court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Matiyariya P.S. Case No.
78 of 2024, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023 with the further condition that one of the bailors shall be the own/close family members of the petitioner and further direction that the petitioners shall fully cooperate in the proceeding of the Court and absence for two consecutive days shall entail the cancellation of bail bond.