Samudri Devi @ Samundri Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18669 of 2025 Arising Out of PS. Case No.-138 Year-2023 Thana- BARURAJ District- Muzaffarpur ====================================================== Samudri Devi @ Samundri Devi Wife of Chanar Bhagat village- Lakhansen, Ps- Baruraj, Dist- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sheo Kumar Prasad, Adv For the Opposite Party/s :

Mr.Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 16-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Baruraj P.S Case No. 138 of 2023 registered for the offences punishable under Sections 304(b) and 34 of the Indian Penal Code.

3. As per allegation in the FIR, petitioner along with the family member have tortured and killed the deceased due to non-fulfillment of dowry demand.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He next submits that petitioner is mother-in-law of the deceased. Learned counsel for the petitioner submits that general and

Patna High Court CR. MISC. No.18669 of 2025(2) dt.16-04-2025 2/3 omnibus allegation has been leveled against the petitioner. No specific overt act is alleged against the petitioner. He further submits that petitioner is living separately and has no concern with the family affairs of the deceased and her husband. Petitioner is aged about 60 years and is suffering with old age ailments. Charge-sheet has been submitted in this case. It has been submitted on behalf of the petitioner that petitioner is in custody since 10.01.2025 and has clean antecedent. He further submits that other co-accused has been granted bail vide order dated 01.05.2024 in Cr. Misc. No.19796 of 2024.

5. However, learned APP for the State oppose the prayer for regular bail of the petitioner and submits that in the post-mortem report,the cause of death is show as asphyxia due to hanging which corroborates the prosecution case.

6. On perusal of the FIR, impugned order dated 19.02.2025 and period of custody and that fact that allegation levelled against the petitioner is of general and omnibus and petitioner is lady aged about 60 years, also considering the aforesaid facts and circumstances of the case and submissions made on behalf of the learned counsel for the petitioner, let the above named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the

Patna High Court CR. MISC. No.18669 of 2025(2) dt.16-04-2025 3/3 like amount each to the satisfaction of learned Judicial Magistrate, 1st class, Muzaffarpur West in connection with Baruraj P.S Case No. 138 of 2023.

(Ramesh Chand Malviya, J) Sunnykr/- U