← Library
Patna High CourtCR. MISC./20859/2025bail granted

Shrish Devi @ Saris Devi v. The State Of Bihar

2025-05-08Mr. Justice Rajesh Kumar Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20859 of 2025 Arising Out of PS. Case No.-2 Year-2025 Thana- THAKURGANJ District- Kishanganj ====================================================== Shrish Devi @ Saris Devi Wife of Naresh Paswan R/o village - Farabari Ward No.- 2, P.S.- Thakurganj, District - Kishanganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dilip Kumar Singh, Advocate For the Opposite Party/s :

Mr. Aditya Narayan Singh.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 08-05-2025 Heard Mr. Dilip Kumar Singh, learned counsel for the petitioner and Mr. Aditya Narayan Singh, learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending her arrest in connection with Thakurganj P.S. Case No. 02 of 2025, F.I.R. dated 04.01.2025 for the offences punishable under Sections 103(1), 80, 61(2) of the B.N.S.

3. According to prosecution case, the petitioner assaulted and tortured the daughter of the informant for demand of dowry and they killed her.

4. Learned counsel for the petitioner submits that petitioner has clean antecedent and she has falsely been implicated in the present case merely on the ground that she is the mother-inlaw of the deceased and in fact, the deceased has committed suicide

Patna High Court CR. MISC. No.20859 of 2025(2) dt.08-05-2025 2/3 herself and the son of the informant, namely, Pankan Paswan has informed the family members of the deceased on 03.01.2025 and 03.01.2025, the petitioner was not present at the place of occurrence, she was at Silliguri for treatment of her husband (Annexure-2) and apart from that the son the petitioner, namely, Pankaj Paswan, who happens to be the husband of the deceased, is in judicial custody since 05.01.2025 and apart from the police after investigation submitted a charge-sheet under Section 103(1), 80, 61(2) of the B.N.S.

5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.

6. Considering the aforesaid facts, the petitioner has clean antecedent, she was not present at the date of occurrence and apart from that husband of the deceased, who happens to be the son the petitioner, is in judicial custody since 05.01.2025, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, 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 the learned Chief Judicial Magistrate, Kishanganj, in connection with Thakurganj P.S. Case No. 02 of 2025, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure/482(2) of the B.N.S.S., 2023

Patna High Court CR. MISC. No.20859 of 2025(2) dt.08-05-2025 3/3 and with other following conditions:- i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Jyoti Kumari/- U T