Dewanti Devi @ Hewanti Kunwar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17152 of 2025 Arising Out of PS. Case No.-90 Year-2023 Thana- CHAORI District- Bhojpur ====================================================== Dewanti Devi @ Hewanti Kunwar W/o- Late Wakil Chaudhary Resident of village- Babunandh PS- Chauri, Dist- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Md. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 17-03-2025

1. Heard the parties.

2. Petitioner seeks regular bail in connection with Chauri P.S. Case No. 90 of 2023 dt. 16.09.2023 registered under Section 304(B), 34 of the I.P.C.

3. The prosecution case as per the F.I.R. is that the informant solemnized the marriage of his daughter with the co-accused Chandan Bind in the year 2019. After marriage, the petitioner along with other accused persons started demanding motorcycle and other valuables as dowry and due to non fulfillment of the demand the daughter of the informant has been killed on 15.09.2023.

4. Learned counsel for the petitioner submits that the petitioner is the mother-in-law of the deceased. He next submits that the deceased has committed suicide and the allegation that

Patna High Court CR. MISC. No.17152 of 2025(2) dt.17-03-2025 2/2 the petitioner along with others have killed the deceased is false.

5. I have heard learned counsel for the parties and perused the materials available on record. From perusal of the impugned order it appears that within seven years of marriage the deceased has died in her matrimonial home. The nature of death is not important whether it is homicidal, suicidal or accidental but the fact is that the deceased has died an unnatural death within 07 years of her marriage. There is presumption against the accused persons under Section 113-A and 113-B of the Evidence Act, 1872. The petitioner is the mother-in-law and there is allegation against her that she along with others demanded dowry from the deceased. Accordingly, I am not inclined to grant regular bail to the petitioner. The same is rejected.

6. However, the petitioner may renew her prayer for regular bail after seven months if the trial does not record any substantial progress.

(Anil Kumar Sinha, J) praful/- U T