Pushpa Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24437 of 2025 Arising Out of PS. Case No.-374 Year-2024 Thana- JAGDISHPUR District- Bhojpur ====================================================== 1.
Pushpa Devi Daughter of Bhageru Choudhary @ Brij Bihari Choudhary, Wife of Mukesh Choudhary Resident of Village - Pandeypatti, P.S. - Buxar Town, District - Buxar 2.
Rubi Kumari @ Ruby Devi Daughter of Bhageru Choudhary @ Brij Bihari Choudhary @ Bhagenu Chaudhary, Wife of Nitish Choudhary Resident of Village - Raghunathpur, P.S. - Brahampur, District - Buxar 3.
Radhika Devi @ Radhika Kumari Daughter of Bhageru Choudhary @ Brij Bihari Choudhary, Wife of Umesh Choudhary Resident of Village - Repura, P.S. - Baliyan, District - Bhojpur 4.
Priyanka Kumari @ Priyanka Devi Wife of Vijay Choudhary @ Vikjay Choudhary Resident of Village - Dawan, P.S. - Jagdishpur, District - Bhojpur 5.
Malti Devi Wife of Bhageru Choudhary @ Brij Bihari Choudhary Resident of Village - Narayanpur, P.S. - Narayanpur, District - Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shiv Prasad Gupta, Advocate For the Opposite Party/s :
Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 13-08-2025 Heard Mr. Shiv Prasad Gupta, learned counsel appearing on behalf of the petitioners and Mr. Binod Kumar, learned APP appearing on behalf of the State.
2. The petitioners apprehend their arrest in connection with Jagdishpur P.S. Case No. 374 of 2024 registered under Sections 103(1), 3(5) of the Bharatiya Nyaya Sanhita (BNS), 2023.
3. As per the allegation made in the FIR, the
Patna High Court CR. MISC. No.24437 of 2025(3) dt.13-08-2025 2/3 petitioners along with other family members had killed the daughter of the informant.
4. Learned counsel appearing on behalf of the petitioners submitted that the petitioners are innocent and they have falsely implicated in the present case. No such occurrence as alleged in the FIR has taken place. The petitioner nos.1, 2 and 3 are married sister-in-law of the deceased and they are living in different village. The petitioners have clean antecedent. On these grounds, the petitioners seek to be released on pre-arrest bail.
5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.
6. Considering the rival submissions made on behalf of the parties, as well as, the fact that petitioner nos.1, 2 and 3 are married sister-in-law of the deceased and they are living in different village and they are having clean antecedent, I am of the opinion that the petitioners have prima facie made out a case to be released on pre-arrest bail
7. The learned District Court is directed to release the petitioner nos.1, 2 and 3 on pre-arrest bail, in the event of their arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs.
Patna High Court CR. MISC. No.24437 of 2025(3) dt.13-08-2025 3/3 10,000/- (Ten thousand) each with two sureties of the like amount each, to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara in connection with Jagdishpur P.S. Case No. 374 of 2024, subject to the condition as laid down under Section 482(2) of the B.N.S.S.
8. The learned District Court is directed to verify the criminal antecedent of the petitioner nos.1, 2 and 3, as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioner nos.1, 2 and 3, as what has been stated in paragraph no. 3, this order will lose its force automatically.
9. So far as, the petitioner nos.4 and 5 are concerned, in view of the material, which has come in course of investigation, I am not inclined to enlarge the petitioner nos.4 and 5 on pre-arrest bail.
10. Accordingly, the present bail petition stands disposed of.
(Purnendu Singh, J) Ashishsingh/- U T