Mina Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32402 of 2025 Arising Out of PS. Case No.-126 Year-2024 Thana- Piplawa District- Patna ====================================================== Mina Devi W/o Ramayan Yadav R/o Baliyaban, P.S.- Piplawan, Distt.- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sumit Kumar Singh Mr. Abhishek Kumar Pandey Mr. Aman Raj For the State :
Mr.Sharda Kumari ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 27-06-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner is apprehending his arrest in a case registered for the offences punishable u/s 137(2), 140(1), 140(3), 85, 351(2) & (3), 3(5) of the BNS, 2023.
3. The First Information Report discloses that the informant's daughter was married to one Sonu Kumar in the year 2013 whereafter she was being tortured for dowry and there were three children out the wedlock. It has further been alleged that even after the death of the husband of the informant's daughter, her in-laws including the present petitioner, who is mother-in-law, kept on torturing her and upon receiving an information on 12.09.2024 that his daughter has
Patna High Court CR. MISC. No.32402 of 2025(3) dt.27-06-2025 2/3 been done to death and the dead body is missing, the present FIR was filed. It has also been alleged that three children of his daughter were also missing.
4. Learned counsel for the petitioner submits that it would be apparent from the FIR itself that the marriage of the informant's daughter dates back to the year 2013 and after a lapse of so many years, no question of demand of dowry and the consequent torture with regard thereof arises. As a matter of fact, the daughter of the informant had committed suicide and the independent witnesses examined during the course of investigation in paragraphs 134 and 135 have supported the said fact. It is further submitted that three children of the deceased are missing rather they are staying along with the present petitioner, who is their grand mother and paragraph 35 of the case diary has also been pointed out from a perusal of which it would be evident that the children of the deceased were produced before the police after the case was lodged and the police had handed the children over to the brother-in-law of the husband of the present petitioner at that point of time. However, the children are now staying with the petitioner.
5. It has been pointed out that due to inadvertence, it has been stated in para-5 of the petition that chargesheet has been
Patna High Court CR. MISC. No.32402 of 2025(3) dt.27-06-2025 3/3 submitted against the petitioner, whereas the same has been submitted against her husband.
6. Learned APP for the State, however, opposes the prayer for anticipatory bail.
7. Considering the above-mentioned facts and particularly the fact that the three children of the deceased are staying along with the petitioner, let the above named petitioner, in the event of her arrest or surrender before the learned Court below within a period of four weeks from today, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Pipalwa P.S. Case No. 126 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C./482(2) of the B.N.S.S.
8. However, the petitioner is directed to cooperate in the investigation and thereafter appear before the concerned Court on each and every date till the charges are framed. (Soni Shrivastava, J) devendra/- U T