Indu Devi @ Ind Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27829 of 2025 Arising Out of PS. Case No.-317 Year-2024 Thana- RAMGARHWA District- East Champaran ====================================================== Indu Devi @ Ind Devi W/o Late Baban Kushwaha R/o vill - Bhaluwahiya, P.S.- Ramgarhwa, Distt.- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sachida Nand Rai, Advocate For the Opposite Party/s :
Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 07-05-2025 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner apprehend her arrest in connection with Ramgarhwa P.S. Case No. 317 of 2024, registered under Sections 103(1), 238, amd 3(5) of the Bhartiya Nyaya Sanhita.
3. Prosecution story is that the informant, namely, Ramrup Mahto alleged that her daughter was married to coaccused, Amar Kumar Kushwaha about 14 years back as per Hindu rites and rituals and after the said marriage, she was subjected to torture and cruelty by all the accused persons including the petitioner. It is further alleged that on 12.12.2024, about 16:30 hrs, he got an information about the death of his daughter.
Patna High Court CR. MISC. No.27829 of 2025(2) dt.07-05-2025 2/3
4. Learned counsel for the petitioner submits that the petitioner is mother-in-law of the deceased and aged about 65 years. The petitioner further submits that the matter between the deceased, Savitri Kumari Mehta and Amar Kumar Kushwaha is said to have taken place 14 years before the date of lodging of the F.I.R. The thrust of the allegation of torturing the deceased is on her husband Amar Kumar Kushwaha. The petitioner appears to have implicated in this case only because she happens to be the mother of the husband against whom the thrust of the F.I.R. is there. The petitioner is clean antecedent.
5. Learned Additional Public Prosecutor for the State has vehemently opposed the prayer for anticipatory bail.
6. Considering the facts and circumstances of the present case and the fact that the petitioner is mother-in-law of the deceased aged about 65 years and she has clean antecedent, this Court is inclined to grant privilege of anticipatory bail to the petitioner.
7. Let the petitioner, named above, in the event of her arrest or surrender before the Court below within four weeks from today, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five thousand) with two sureties of the like each amount each to the satisfaction of learned S.D.J.M.,
Patna High Court CR. MISC. No.27829 of 2025(2) dt.07-05-2025 3/3 Raxaul, Motihari, East Champaran, in connection with Ramgarhwa P.S. Case No. 317 of 2024, subject to the condition laid down under Section 482 of the Bhartiya Nyaya Sanhita. (Alok Kumar Sinha, J) sanjeev/- U T