Mundri Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38041 of 2025 Arising Out of PS. Case No.-590 Year-2024 Thana- NOORSARAI District- Nalanda ====================================================== Mundri Devi W/O Raja Ram Paswan R/O Village- Ebrahimpur PS Noorsarai Dist- Nalanda ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Parmanand Prasad, Advocate For the Opposite Party/s :
Ms.Suman Kumari Singh, APP For the Informant : Mr. Pankaj Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 14-07-2025 Heard Mr.Parmanand Prasad, learned counsel for the petitioner, Mr. Pankaj Kumar, learned counsel for the informant and Ms.Suman Kumari Singh, learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending her arrest in connection with Noorsarai P.S. Case No. 590 of 2024, dated 14.12.2024 registered for the offences punishable under Sections 80,3(5) of B.N.S., 2023.
3. Allegation against the petitioner is that she alongwith other co-accused persons have in furtherance of their common intention committed the dowry death of the daughter of the informant.
4. Learned counsel appearing for the petitioner
2/4 submits that the petitioner has clean antecedent. She has falsely been implicated in the present case. Petitioner is mother-in-law of the deceased. Although the petitioner is named in the FIR but from a bare perusal of the FIR it appears that there is no specific allegation of any assault, overt-act or demand of dowry attributed against the petitioner rather there is general and omnibus allegation against all the accused persons including the petitioner and similarly situated co-accused persons, namely, Anjali Kumari @ Sharvita Kumari and Raja Ram Paswan, who are unmarried sister-in-law and father-in-law of the deceased, have been granted privilege of anticipatory bail by this Court vide order dated 21.05.2025 passed in Cr. Misc. No.33504 of 2025.
5. Learned counsel for the informant and learned A.P.P. for the State have vehemently opposed the prayer for anticipatory bail of the petitioner.
6. Considering the aforesaid facts, petitioner has clean antecedent, there is no specific allegation of any assault, overtact or demand of dowry attributed against the petitioner as alleged in the FIR and similarly situated co-accused persons have been granted privilege of anticipatory bail by this Court, let the petitioner, above named, in the event of her arrest or
3/4 surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000 (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Nalanda at Biharsharif in connection with Noorsarai P.S. Case No. 590 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure/ Section 482(2) of BNSS, 2023 and with other following conditions:- (I) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below. (II) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(III) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his/her criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the
4/4 acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Nitesh/- U T