Mina Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33775 of 2025 Arising Out of PS. Case No.-4 Year-2025 Thana- TARIYANI CHOWK District- Sheohar ====================================================== 1.

Mina Devi Wife of Raghuwansh Das @ Raghuvansh Das Village -Wanshi Pachra PS- Tariyani Dist -Sheohar 2.

Raghuwansh Das @ Raghuvansh Das son of Late Maheshwar Das Village -Wanshi Pachra PS- Tariyani Dist -Sheohar ... ... Petitioners.

Versus

1.

The State of Bihar 2.

Ranju Devi Wife of Vijay Das Village- Madhopur Chhata, Ps- Hiramma, dist- Sheohar ... ... Opposite Parties.

====================================================== Appearance :

For the Petitioner/s :

Mr. Hans Lal Kumar, Advocate For the Opposite Party/s :

Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 02-07-2025 At the very outset, learned counsel for the petitioners seeks permission to withdraw this application on behalf of petitioner no.1, Mina Devi as this application has become infructuous with regard to her.

2. Permission is accorded.

3. Accordingly, this application is dismissed as withdrawn with regard to petitioner no.1 only.

4. Now, this application survives only for petitioner no.2.

5. Heard learned counsel for the petitioner no.2 and learned A.P.P. for the State.

6. The petitioner no.2 apprehend his arrest in a case

Patna High Court CR. MISC. No.33775 of 2025(3) dt.02-07-2025 2/3 registered for the offences punishable under Section 103, 80 and 3 (5) of the B.N.S.

7. The prosecution case is of causing death of the daughter of the informant on account of non-fulfillment of dowry demand.

8. It is submitted by learned counsel for the petitioner no.2 that petitioner no.2 happens to be father-in-law of the deceased. There is general and omnibus allegation in the first information report against all the accused persons. As a matter of fact, the deceased had committed suicide, which fact stands substantiated by the materials collected during the course of investigation and the same finds place in the bail rejection order passed by the learned Court concerned. There is specific reference of para-51 of the case diary wherein the cause of death is reported as asphyxia on account of hanging. It has also been noted that the independent witnesses, who have been examined in para 40 to 42 of the case diary, have stated that the deceased has committed suicide.

Petitioner points out to the Annexure-2, which is a compromise petition dated 04.02.2025, in which it is mentioned that, due to intervention of well wishers and the real fact of suicide having been known, the informant does not wish to pursue the case any further.

Patna High Court CR. MISC. No.33775 of 2025(3) dt.02-07-2025 3/3 accused persons have already been granted the privilege of anticipatory bail vide order dated 16.05.2025 passed in Cr. Misc. No.31436 of 2025 by a coordinate Bench of this Court upon consideration of such grounds. Learned counsel for the petitioner no.2 also mentions that the husband of the deceased has surrendered on 27.06.2025.

9. Taking into consideration all the facts and circumstances of the case, let the above named petitioner no.2, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, 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 lower Court where the case is pending/successor Court in connection with Tariyani P.S. Case No.04 of 2025, subject to the condition as laid down under Section 482 (2) BNSS, 2023.

10. The learned Court below is directed to verify as to whether the husband of the deceased has surrendered or not only then bail bonds of the petitioner no.2 would be accepted. (Soni Shrivastava, J.) Trivedi/- U T