Kaushalya Devi @ Kaushlya Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18607 of 2025 Arising Out of PS. Case No.-225 Year-2024 Thana- SIMRI BAKHTIYARPUR DistrictSaharsa ====================================================== 1.
Kaushalya Devi @ Kaushlya Devi W/O Biren Tanti @ Birendra Tanti Resident of Ghoghsam, P.S.- Simri Bakhtiyarpur, Dist.- Saharsa, Bihar 2.
Kala Devi @ Kalawati Devi @ Kala W/O Yogindar Tanti @ Jogi Tanti @ Yogendra Tanti Resident of Ghoghsam, P.S.- Simri Bakhtiyarpur, Dist.- Saharsa, Bihar 3.
Biren Tanti @ Birendra Tanti S/O Yogindar Tanti @ Jogi Tanti @ Yogendra Tanti Resident of Ghoghsam, P.S.- Simri Bakhtiyarpur, Dist.- Saharsa, Bihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Subesh Sharma, Advocate For the Opposite Party/s :
Mr. Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 16-04-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. In this present case, the petitioners seek bail in connection with Simri Bakhtiyarpur P.S. Case No. 225 of 2024 registered for the offences under Sections 302, 120-B/34 of the Indian Penal Code.
3. As per prosecution case, petitioners and other coaccused persons administered poison to the daughter of the informant who was married with one Dhirendra Sharma, son of Jogi Sharma and the petitioners are the sister-in-law, the motherin-law and the brother-in-law of the deceased daughter of the informant, respectively.
Patna High Court CR. MISC. No.18607 of 2025(2) dt.16-04-2025 2/3
4. Learned counsel appearing on behalf of the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. No occurrence as alleged has ever taken place. From the FIR, it is clear that daughter of the informant consumed poison and she was taken to the hospital and the son of the informant was informed about his sister consuming poison. The police investigated the matter and charge-sheet has been submitted under Sections 306/34 of the I.P.C. and this shows the daughter of the informant herself consumed poison. There is no material on record to show that the petitioners abetted the suicide of the daughter of the informant. Petitioner nos. 1 and 2 are ladies and they are the sister-in-law and the mother-in-law, respectively and petitioner no.3 is brother of the husband of the deceased and they lived separately from the deceased. Learned counsel further submits that petitioner nos. 1 and 2 are in custody since 19.11.2024 and petitioner no.3 is in custody since 02.12.2024 and charge-sheet has been submitted. Petitioners are having clean antecedent.
5. Learned A.P.P. opposes the submission made on behalf of the petitioners.
6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the
Patna High Court CR. MISC. No.18607 of 2025(2) dt.16-04-2025 3/3 vague nature of allegation against the petitioners without any tangible material to connect them with the offence as alleged and also considering the clean antecedent of the petitioners as well as their period of custody and submission of charge-sheet, the petitioners above named are directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Saharsa/concerned court in connection with Simri Bakhtiyarpur P.S. Case No. 225 of 2024, subject to the conditions mentioned in Section 480(3) of the B.N.S.S. and other following conditions:
(i) One of the bailors will be a close relative of the petitioners.
(ii) The petitioners will remain present on each and every date fixed by the court below.
(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioners will be liable to be cancelled by the court concerned.
(Arun Kumar Jha, J) balmukund/- U T