Gagan Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20400 of 2025 Arising Out of PS. Case No.-37 Year-2024 Thana- LARJHAGHAT District- Samastipur ====================================================== Gagan Devi Wife of Rajeev Yadav Resident of Village Fuhiya, PS Larjhaghat, District Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ranjit Kumar Yadav For the State :
Mr. Ramchandra Sahni For the Informant :
Mr. Raja Ram Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 30-04-2025 Heard the parties.
2. The petitioner is apprehending her arrest in connection with Larjhaghat P.S. Case No. 37 of 2024 for the offence under Sections 80(2), 238, 3(5) of the B.N.S., lodged on 04.07.2024 by the informant, Ram Milan Yadav.
3. As per the prosecution story, the informant alleged that the daughter was married in the year 2023 but was tortured for dowry. On 03.07.2024, came to know about her killing and disposal of the dead body, upon reaching the place found the same, which led to the F.I.R.
4. Learned counsel for the petitioner submits that petitioner is mother-in-law of the deceased and the F.I.R. would show that entire family members have been implicated without
Patna High Court CR. MISC. No.20400 of 2025(2) dt.30-04-2025 2/3 assigning any particular role. The petitioner has no criminal antecedent. F.I.R. is there and she shall be diligently appearing in the trial. Learned counsel further submits that the husband of the deceased is already in custody.
5. Learned APP as well as informant have opposes the prayer for bail of the petitioner and submits that the petitioner was involved in killing of the deceased.
6. Considering the aforesaid fact as also the petitioner is a lady, having no criminal antecedent, the husband of the deceased is already in custody, no specific role has been assigned to the petitioner in the F.I.R., let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned A.C.J.M., 1st Class, Rosera (Samastipur) in connection with Larjhaghat P.S. Case No. 37 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C., as also with the following conditions:- (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;
Patna High Court CR. MISC. No.20400 of 2025(2) dt.30-04-2025 3/3 (ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her bail bond by the Trial Court itself;
(iii) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(iv) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of bail bonds. (Rajiv Roy, J) Ranjeet/- U T