Madhumala Devi @ Madhu Bala Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25293 of 2026 Arising Out of PS. Case No.-44 Year-2026 Thana- PARSA District- Saran ====================================================== 1.
Madhumala Devi @ Madhu Bala Devi Wife of Mukesh Sah. Resident of Village-Anjani, P.S. Parsa, District- Saran.
2.
Rajkali Devi Wife of Chandeshwar Prasad Sah. Resident of Village-Anjani, P.S. Parsa, District- Saran.
3.
Sanju Devi@ Sanju Kumari wife of Ratnesh Kumar. Resident of VillageAnjani, P.S. Parsa, District- Saran. 4.
Chandeshwar Prasad Sah @ Chandeshwar Prasad Gupta Son of Late Rameshwar Sah. Resident of Village-Anjani, P.S. Parsa, District- Saran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Shambhawi, Advocate Ms. Mili Kumari, Advocate For the Opposite Party/s :
Mr. Anil Kumar, APP For the Informant :
Mr. Dr. Rajesh Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 17-06-2026 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners seek bail in anticipation of their arrest in connection with Parsa P.S. Case No. 44 of 2026, instituted for the offences punishable under Sections 80, 3(5) of the Bharatiya Nyaya Sanhita.
3. As per the prosecution case, the informant has alleged that his daughter was married to one Gautam Kumar and thereafter, the in-laws had been demanding dowry and on account of that his daughter was tortured and the matter was
2/4 pacified and the daughter of the informant was taken by her inlaws and she was subsequently found dead.
4. The learned counsel for the petitioners submits that the petitioners being the father-in-law, mother-in-law, married nanand and gotni of the deceased have falsely been implicated. It has been submitted that the names of the petitioners have been given merely on suspicion and there is no evidence on record which would connect the petitioners with the alleged incident. It has further been submitted that from perusal of the case diary, in paragraph 12 it has specifically been stated that the brother of deceased has submitted that he was informed that the daughter of the informant had committed suicide and such fact has also been corroborated from the post-mortem report wherein no external injuries were found on the body of the deceased and moreover, the doctor has though opined that cause of death is asphyxia due to strangulation but hanging cannot be ruled out which was also mentioned. It has lastly been submitted that the petitioners carry clean antecedent.
5. The learned counsel for the informant as well as the learned APP for the State have vehemently opposed the prayer for bail and have stated that the petitioners cannot be exonerated for the crime. It has been submitted that the death has taken
3/4 place in the house of the petitioners and they are also liable for the offence committed and moreover, they should not be given the liberty of anticipatory bail.
6. Considering the aforesaid facts and circumstances, the petitioners are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-IX, Saran, Chapra in connection with Parsa P.S. Case No. 44 of 2026, subject to the conditions as laid down under Section 482 of the BNSS and subject to the following conditions:- (i) One of the bailors will be a close relative of the petitioners and the other shall be a local resident:
(ii) the petitioners will remain physically present on each and every date fixed by the Court below, if so required by the learned Trial Court and shall cooperate in the investigation;
(iii) in case of absence on two consecutive dates or in violation of the terms of the bail, the bail bonds of the petitioners will liable to be cancelled by the Court concerned;
(iv) the Court below shall verify the criminal antecedent of the petitioners and in case at any stage, it is found that the petitioners have concealed their criminal antecedents, the court below shall take step for cancellation of bail bonds of the
4/4 petitioners. However, the acceptance of bail bonds in terms of the above mentioned order shall not be delayed for purpose of the same on in the name of verification.
(v) If the petitioners, in future, is found to be involved in similar nature of offence, the prosecution shall be at liberty to move for cancellation of his/her bail bonds.
7. It is made clear that the observations, if any, made in this order, shall be of no bearing during the trial. (Sourendra Pandey, J) Tannu/- U T