Pramila Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18274 of 2025 Arising Out of PS. Case No.-191 Year-2023 Thana- SIWAIPATTI District- Muzaffarpur ====================================================== Pramila Devi W/o Santosh Ram R/o Village- Milki Raghai, PS- Minapur, District- Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ravi Ranjan For the Opposite Party/s :
Mr. Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 11-04-2025
1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Siwaipatti Police Station Case No. 191 of 2023, disclosing offences under Sections 302 and 34 of the Indian Penal Code.
3. As per the FIR, on 25.10.2023, in the night, the father of the informant went to sleep at his saw mill and on 26.10.2023 in the morning, at about 5:30 am, when the younger brother of the informant went to the saw mill for taking some money from his father, he saw that his father was hanging with a tree and his both legs were touching the ground. It has been alleged that earlier co-accused Santosh Ram had threatened the deceased as well as his family members to kill the informant's
Patna High Court CR. MISC. No.18274 of 2025(3) dt.11-04-2025 2/3 father. It has further been alleged that the petitioner, along with co-accused Santosh Ram and other relatives, has killed the father of the informant but has given it the colour of suicide by hanging.
4. Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in the present case on the basis of concocted story and the present FIR has been lodged with premeditated mind. He further submits that apparently, dead body was seen by the informant's younger brother on 26.10.2023 and the postmortem was conducted on the same date. The doctor has given the cause of death as Asphyxia due to hanging. The FIR has been lodged after the postmortem and cremation of the dead body on 31.10.2023 in which suspicion has been raised against the petitioner of killing the informant's father. Learned counsel next submits that in fact the deceased had taken loan from various persons and under the pressure of loan, he has committed suicide. He further submits that coaccused Santosh Ram has been granted anticipatory bail by this Court in Cr. Misc. No. 85512 of 2024 vide order dated 08.01.2025.
5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that FIR has
Patna High Court CR. MISC. No.18274 of 2025(3) dt.11-04-2025 3/3 been lodged after much delay and that too after the postmortem and the cremation of the dead body and similarly situated coaccused person has been granted anticipatory bail by this Court in Cr. Misc. No. 85512 of 2024 vide order dated 08.01.2025, I am inclined to grant the petitioner privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, East, Muzaffarpur, in connection with Siwaipatti Police Station Case No. 191 of 2023, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J) HarshPandey/- U T