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Patna High CourtCR. MISC./30199/2025allowed

Amrika Devi v. The State Of Bihar

2025-07-23Mr. Justice Sunil Dutta Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30199 of 2025 Arising Out of PS. Case No.-120 Year-2024 Thana- GADHPURA District- Begusarai ====================================================== Amrika Devi W/o Shankar Pal R/o Vill - Baluaaha, ward no. 10, P.SGadhpura, Distt.- Begusarai ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Krishna Prabhat, Advocate.

For the Opposite Party/s :

Mr. Tarkeshwar Nath Thakur, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 23-07-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends her arrest in connection with Gadhpura P.S. Case No.120 of 2024 instituted under Sections 80(2), 103(1), 238 and 3(5) of the BNS, 2023.

3. As per the prosecution case, the daughter of the informant was married to co-accused Arun Kumar on 30.11.2023. It is alleged that after the marriage all the accused persons including the petitioner demanded one motorcycle from the deceased and when the demand was not fulfilled the deceased was tortured by the accused persons. On 03.10.2024 the daughter of the informant called her and informed that the accused persons are assaulting her and on 06.10.2024 when the informant arrived at the house of her daughter she was told by

Patna High Court CR. MISC. No.30199 of 2025(3) dt.23-07-2025 2/3 the accused persons that her daughter is died.

4. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case on account of being mother-in-law of the deceased. He further submits that the occurrence is alleged to have been taken place on 05.10.2024, however, the written application by the informant was given on 09.10.2024 without any explanation. Learned counsel submits that during the course of treatment the informant was present and she had not made any allegation against the accused persons including the petitioner and the request was made by the informant also for not conducting the post-mortem on the dead body of the deceased. He further submits that there was no earlier complaint against the petitioner for any torture or dowry demand.

Learned counsel submits that the family members of the petitioner have themselves brought the deceased to the hospital for treatment. He further submits that the allegation against the petitioner is general in nature without any substance. Learned counsel submits that petitioner is a lady having clean and fair criminal antecedent and she undertakes to cooperate in the investigation and trial.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

Patna High Court CR. MISC. No.30199 of 2025(3) dt.23-07-2025 3/3

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount to each to the satisfaction of the learned C.J.M., Begusarai in connection with Gadhpura P.S. Case No.120 of 2024, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Sunil Dutta Mishra, J) Ritik/- U T