Chandni Devi @ Chandani Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31646 of 2024 Arising Out of PS. Case No.-275 Year-2023 Thana- DALSINGHSARAI District- Samastipur ====================================================== Chandni Devi @ Chandani Kumari Wife Of Uday Chandra Mahto @ Uday Mahto Resident Of Village- Ajnoul Purvi, Ward No. 7, Ps- Dalsinghsarai, Dist- Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Lakshmindra Kumar Yadav, Advocate For the Opposite Party/s :
Mr.Dilip Kumar No. 1, Spl.P.P.
For the Informant :
Mr.Dilip Kumar Roy, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 24-01-2025 1.
Heard learned Counsel for the petitioner and learned APP for the State.
2.
This application, for grant of anticipatory bail, arises out of Daslsingsarai PS case no. 275 of 2023, disclosing offences punishable under Section 302/34 of the Indian Penal Code.
3.
The prosecution story, as per the First Information Report, is that on 08.07.2023 in the afternoon, the informant got information on mobile phone from his son-in-law Ramesh Chandra Mahto that his daughter has died. Upon this information, the informant along with his family members reached at the place of occurrence and saw that his daughter was lying dead in a room and many people and police party were
Patna High Court CR. MISC. No.31646 of 2024(4) dt.24-01-2025 2/3 present there. It has also been alleged that marriage of the informant's daughter was solemnized with the co-accused Ramesh Chandra Mahto on 27.07.2015. After the marriage, his son-in-law started demanding a sum of Rs. 5 lacs from his daughter and due to non-fulfilment of the demand, the son-inlaw of the informant used to torture the deceased. On 07.07.2023, the co-accused i.e. the son of the informant threatened his daughter to kill her if the demand of dowry was not fulfilled. It has further been alleged that informant's son-inlaw was having illicit relationship with his sister-in-law (Bhabhi) and when the deceased came to know about this, the petitioner along with other accused persons started putting pressure upon the deceased. It is also alleged that all the accused persons assaulted and killed the informant's daughter by strangulating her.
4.
Learned Counsel for the petitioner submits that petitioner is the gotni (sister-in-law) of the deceased and has falsely been implicated in this case being the family member of the deceased's husband. Learned counsel further submits that petitioner is living separately from her devar i.e. co-accused Ramesh Chandra. The witnesses, during investigation, have stated that deceased has committed suicide. He next submits that the
Patna High Court CR. MISC. No.31646 of 2024(4) dt.24-01-2025 3/3 allegation against the petitioner is general and omnibus in nature and the petitioner is having no criminal antecedent. Moreover, the husband of the deceased is in judicial custody. 5.
Regard being had to the submissions made on behalf of the parties and taking into consideration the fact that there is general and omnibus allegation against the petitioner and specific allegation of assault and torture is against the husband of the deceased, who is in judicial custody I am inclined to grant the privilege of anticipatory bail to the petitioner.
6.
This application is, accordingly, allowed.
7.
Let petitioner, abovenamed, in the event of her arrest or surrender before the Court below within six weeks, 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 learned A.C.J.M.-1st, Dalsinghsarai, Samastipur in connection with Daslsingsarai PS case no. 275 of 2023, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J) rinkee/- U T