Kamla Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30502 of 2025 Arising Out of PS. Case No.-419 Year-2012 Thana- BARACHATTI District- Gaya ====================================================== Kamla Devi Wife of Bhola Chaudhary Resident of Village - Makhampur, Police Station - Barachatti, District - Gaya. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Syed Asgher Najmi, Adv :
Mr. Ashutosh Kumar Mishra, Adv For the Opposite Party/s :
Mr. Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 30-08-2025 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.
2. The petitioner seeks bail in connection with Barachatti P.S. Case No. 419 of 2012 registered for the offences under Sections 304(B) and 201 of the Indian Penal Code.
3. The petitioner is named in the F.I.R. and is in custody since 19.12.2024.
4. The allegation against the petitioner is to cause death of daughter of informant along with other co-accused persons due to non-fulfillment of demand of dowry.
5. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.30502 of 2025(3) dt.30-08-2025 2/3 petitioner submitted that petitioner is mother-in-law and she was living separately with deceased and her husband, therefore, she was not connected with their daily and domestic affairs in any manner and her implication with the present case is only for the reason being mother of husband of deceased. It is further submitted that husband of deceased namely Sunil Chaudhary and father-in-law namely Bhola Chaudhary already acquitted by learned Trial Court through Sessions Trial No. 85 of 2014 by the Court of Additional Sessions Judge, Gaya through its judgment dated 21.07.20215 and, therefore, keeping this petitioner behind bar shall not serve any judicial purpose. While concluding the argument it is submitted that petitioner is a lady of clean antecedent and moreover, investigation of this case has already completed, and as such, there is no chance of tampering with the evidence.
6. Learned APP appearing on behalf of the State, opposes the prayer for bail.
7. In view of aforesaid factual submission and by taking note of fact as prima-facie petitioner is living
Patna High Court CR. MISC. No.30502 of 2025(3) dt.30-08-2025 3/3 separately being mother-in-law as submitted aforesaid, coupled with the fact as husband and father-in-law already acquitted by the learned Trial Court, where petitioner is a lady of clean antecedent and remains in custody since 19.12.2024, accordingly above named petitioner, is directed to be released on bail in connection with Barachatti P.S. Case No. 419 of 2012 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Sherghati, Gaya/concerned court, subject to the conditions as mentioned under Section 480(3) of the B.N.S.S. (Chandra Shekhar Jha, J.) S.Tripathi/- U T