Dolly Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32669 of 2025 Arising Out of PS. Case No.-290 Year-2024 Thana- KADAMKUAN District- Patna ====================================================== Dolly Kumari D/O Mahendra Singh, W/O Raushan Kumar R/O VillageKenasari, P.S- Kenasari, Distt.- Nawada, State- Bihar, Pin- 805123. At Present Resident of Kishan Kunj, House No.- 152, 2nd , Floor, Village- Khicharipur, Near Ram Krishna Public School, Kalyanpuri, East Delhi, Pin- 110091. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ranjit Jha, Advocate For the Opposite Party/s :
Mr. Ram Naresh Ray, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 30-07-2025 Heard Mr. Ranjit Jha, learned counsel for the petitioner and Mr. Ram Naresh Ray, learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending her arrest in connection with Kadamkuan (Patna) P.S. Case No. 290 of 2024, F.I.R. dated 11.04.2024 for the offences punishable under Sections 304(B) and 34 of the Indian Penal Code.
3. According to prosecution case, the informant alleges that her niece was married to one Sujit Kumar on 26.11.2022. After the marriage, her in-laws and her husband allegedly subjected her to harassment and torture over unmet dowry demands. On 09.04.2024, Sujit Kumar informed the informant that his niece had died. The informant and her family
2/4 members rushed to Mediversal Hospital, Rajendra Nagar, where they found her lying dead.
4. Learned counsel for the petitioner submits that the petitioner has clean antecedent. The allegation as alleged in the F.I.R. is false and fabricated. In fact the deceased has committed suicide herself which has come during investigation as well as postmortem report of the victim also reveals that she has committed suicide herself and the petitioner is sister-in-law of the deceased and she is living at Delhi and she was not present at the time of occurrence and the co-accused, namely, Suraj Kumar, brother-in-law of the deceased has been granted privilege of anticipatory bail by the Co-ordinate Bench of this Court vide order dated 11.11.2024 passed in Cr. Misc. No. 75304 of 2024.
5. The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts that the petitioner has clean antecedent, she is sister-in-law of the deceased and it has come during investigation that the deceased has committed suicide herself, let the petitioner, above named, in the event of her arrest or surrender before the court below within a period of
3/4 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 Court of A.D.J.-XXXI, Patna in connection with Kadamkuan P.S. Case No. 290 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure /Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita 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 her absence on two consecutive dates without sufficient reason, her 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 her 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
4/4 shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Neha/- U T