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Patna High CourtCR. MISC./26144/2025allowed

Suman Kumari v. The State Of Bihar

2025-05-05Mr. Justice Harish Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26144 of 2025 Arising Out of PS. Case No.-188 Year-2024 Thana- BARURAJ District- Muzaffarpur ====================================================== Suman Kumari D/o Krishandev Ram @ Kishundev Ram R/o VillageChipuliya, Ward No.- 02, P.S.- Baruraj, District- Muzaffarpur, Bihar- 843111, India ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Shankar Roy, Adv.

For the Opposite Party/s :

Mr. Raj Kishor Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 05-05-2025 Heard the learned Advocate for the petitioner and the learned APP for the State.

2. The petitioner apprehends her arrest in connection with Baruraj P.S. Case No. 188 of 2024, registered for the offences punishable under Sections 115(2), 126, 80 and 3(5) of the Bhartiya Nyaya Sanhita, 2023.

3. Based upon the written report, the prosecution alleges that the marriage of the daughter of the informant was solemnized with the brother of the petitioner. At the time of marriage, sufficient dowry and a Mahindra TUV 300 were given to the family members. Despite the aforesaid fact, the deceased was subjected to demand of dowry and torture and finally she was done to death by the accused persons, including the

Patna High Court CR. MISC. No.26144 of 2025(2) dt.05-05-2025 2/3 petitioner.

4. Learned Advocate for the petitioner contended that in fact on account of reason unknown to the petitioner, the deceased committed suicide by leaving a suicide note, which is marked as Annexure-P/2. Referring thereto, it is further contended that the deceased has never made any allegation against any of the family members of the petitioner. Moreover, the petitioner is none else but the sister-in-law of the deceased and has been residing separately. The husband of the deceased and her parents-in-law are behind the bar. There is no specific allegation against the petitioner of causing any kind of torture; moreover, she is a girl of tender age and there is none in her family, except the petitioner to look after the homely affairs.

5. On the other hand, learned counsel for the State opposed the pre-arrest bail application and submits that the deceased was allegedly done to death by all the accused persons and the petitioner happens to be sister-in-law of the deceased.

6. Regard being had to the submissions made on behalf of the parties and considering the fact that the petitioner is sister-in-law and there is omnibus nature of allegation, coupled with the suicidal note, let the petitioner above named be released on bail, in the event of her arrest or surrender before the

Patna High Court CR. MISC. No.26144 of 2025(2) dt.05-05-2025 3/3 court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned J.M.F.C., Muzaffarpur in connection with Baruraj P.S. Case No. 188 of 2024, subject to the conditions laid down in Section 482(2) Bharatiya Nagarik Suraksha Sanhita, 2023 with the further condition that one of the bailors shall be the own/close family members of the petitioner.

(Harish Kumar, J) shivank/- U T