Nagina Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26600 of 2025 Arising Out of PS. Case No.-146 Year-2024 Thana- HATHAURI District- Muzaffarpur ====================================================== 1.
Nagina Devi S/O Late Nandu Das Resident of Village- Barhad ward No. 12, P.S.- Hathauri, Dist.- Muzaffarpur 2.
Kajal Kumari D/O Late Nandu Das Resident of Village- Barhad ward No. 12, P.S.- Hathauri, Dist.- Muzaffarpur 3.
Chhotu Kumar Das S/O Late Nandu Das Resident of Village- Barhad ward No. 12, P.S.- Hathauri, Dist.- Muzaffarpur 4.
Aanjali Devi W/O Lakhindra Das Resident of Village- Barhad ward No. 12, P.S.- Hathauri, Dist.- Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ravi Ranjan For the Opposite Party/s :
Mr.Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 15-05-2025 Heard the parties.
2. The petitioners apprehend their arrest in connection with Hathauri P.S. Case No. 146 of 2024, registered for the offences punishable under Sections 80, 3(5) of the BNS, 2023.
3. Allegedly the marriage of the daughter of the informant was solemnised with one Mintu Das two years ago. However, soon after the marriage she was subjected to demand of dowry and on account of non-fufillment of the same she was tortured in various ways and finally she was done to death.
4. Learned Advocate for the petitioners contended that
Patna High Court CR. MISC. No.26600 of 2025(2) dt.15-05-2025 2/3 the petitioners are none else but the in-laws persons, who have no concern with the family affairs of the husband and the wife. So far the husband of the deceased is concerned, he is behind judicial custody. Moreover, there is omnibus allegation against all the family members. In fact on the fateful day, on account of some trifle, the deceased committed suicide and this fact also stands corroborated from the post mortem report, copy of which is placed on record as Annexure-2. The cause of death is said to be asphyxia due to hanging.
5. On the other hand, learned Advocate for the State vehemently opposes the bail application and submits that the death of the deceased within two years of marriage preceded by demand of dowry, the case of dowry death cannot be ruled out.
6. Regard being had to the submissions made on behalf of the parties and considering the omnibus nature of allegation and the fact that the petitioners are in-laws persons having fair antecedent, coupled with the post mortem report which suggests no external injury, let the petitioners abovenamed 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, upon furnishing bail bonds of Rs.10,000/- (ten thousand) each with
Patna High Court CR. MISC. No.26600 of 2025(2) dt.15-05-2025 3/3 two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate First Class (East), Muzaffarpur in connection with Hathauri P.S. Case No. 146 of 2024, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023, with the further condition that one of the bailors shall be the own/close family members of the petitioners.
(Harish Kumar, J) Anjani/- U T