Salehri Devi @ Salehar Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33169 of 2025 Arising Out of PS. Case No.-413 Year-2020 Thana- CHAPRA MUFFASIL District- Saran ====================================================== 1.
Salehri Devi @ Salehar Devi W/O - Ramesh Mahto R/O Vill.- Dumaria, P.s.- Chapra Mufassil, Dist.- Saran.
2.
Guria Devi D/O - Ramesh Mahto R/O Vill.- Dumaria, P.s.- Chapra Mufassil, Dist.- Saran.
3.
Rinku Kumari @ Rinki Kumari D/O - Ramesh Mahto R/O Vill.- Dumaria, P.s.- Chapra Mufassil, Dist.- Saran.
... ... Petitioner/s
Versus
1.
The State of Bihar.
2.
Laldeo Mahto S/O Shivnath Mahto R/O Vill.- Hussepur, P.s.- Amnaur, Dist.- Saran.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Jharkhandi Upadhyay, Advocate For the Opposite Party/s :
Mr.Ramchandra Sahni, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 20-05-2025 Heard learned counsel appearing on behalf of the petitioners and learned Additional Public Prosecutor appearing on behalf of the State.
2. The accused/petitioners apprehending their arrest in connection with Chhapra Muffasil P.S. Case No. 413 of 2020, registered for the offences punishable under Section 304(B)/201 of the IPC.
3. The allegation against the petitioners is to cause death of daughter of the informant alongwith other co-accused persons/family members due to non-fulfillment of demand of
Patna High Court CR. MISC. No.33169 of 2025(2) dt.20-05-2025 2/3 dowry, as raised for cash of Rs. 5 lacs.
4. It is submitted by Mr. Jharkhandi Upadhyay, learned counsel appearing for the petitioners that petitioner no. 1 is mother-in-law, whereas petitioner nos. 2 and 3 are married sisters-in-law. It is submitted that all petitioners are living separately and they are not connected with daily and domestic affairs of deceased and her husband and mere out of relations being family members, they have been implicated with present case. It is submitted that the death of daughter of the informant caused due to delivery related complications, whereafter the parents of deceased participated in her last rites but after four months of the occurrence, a Complaint Case bearing No. 1138 of 2020 filed on the basis of which the present FIR was lodged on 12.09.2020. It is submitted that the present prosecution is a result of an afterthought out of ulterior and oblique motive with harassing attitude. It is also submitted that the allegation qua demand of dowry appears very much general and omnibus against petitioners. Petitioners are said to be ladies of clean antecedents.
5. Learned APP opposed the prayer of bail.
6. Considering the aforesaid facts and circumstances and by taking note of fact as the petitioners are in-laws claimed to live separately, prima facie facing general and omnibus allegation
Patna High Court CR. MISC. No.33169 of 2025(2) dt.20-05-2025 3/3 qua alleged demand of dowry, coupled with the fact case was lodged with delay of four months, where petitioners are ladies of clean antecedents, accordingly, all above named petitioners, in the event of their arrest or surrender before the learned trial Court, within a period of four weeks of the order, are directed to be released on bail furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Chhapra/concerned Court, where the case is pending in connection with Chhapra Muffasil P.S. Case No. 413 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C./482(2) of the BNSS (Chandra Shekhar Jha, J) veena/- U T