Maina Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38812 of 2025 Arising Out of PS. Case No.-52 Year-2025 Thana- UCHKAGAON District- Gopalganj ====================================================== 1.

Maina Devi W/O Shankar Soni @ Sankar Sah Resident of Village- Kawahi, P.S-Uchkagaon, District-Gopalganja 2.

Shankar Soni @ Sankar Sah S/O Ramchandra Sah Sonar Resident of Village- Kawahi, P.S-Uchkagaon, District-Gopalganja ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajesh Kumar For the State :

Ms. Asha Kumari For the Informant :

Mr. Irshad Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 31-10-2025 Heard learned counsel for the petitioner, learned counsel for the informant as well as learned APP for the State.

2. At the outset, learned counsel for the petitioner has submitted that during the pendency of this anticipatory bail petition, the petitioner no. 2 has been arrested, and, as such, the bail application with respect to petitioner no. 2 has become infructuous. He, therefore, seeks permission to withdraw this petition with respect to petitioner no. 2.

3. In view of the aforesaid submissions, this application is dimissed as withdrawn as having become infructuous with respect to petitioner no. 2.

4. The petitioner no. 1 apprehends her arrest in

Patna High Court CR. MISC. No.38812 of 2025(5) dt.31-10-2025 2/3 connection with Uchkagaon P.S. Case No. 52 of 2025, registered for the offences punishable under Sections 80, 3(5) of the BNS.

5. As per allegation, the accused persons committed murder of daughter of the informant for non-fulfillment of demand of bullet motorcycle in dowry.

6. The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated. She is the mother-in-law of the deceased having no concern with the demand of motorcycle as motorcycle which is not supposed to be of any use to the petitioner. It has further been submitted that there was no external injury on the person of the deceased which shows that she has committed suicide. The petitioners brought her to the hospital with intention to save her life but she could not reach that.

7. On the other hand, the learned counsel for the informant has opposed the prayer by submitting that all the accused persons including the petitioners demanded motorcycle in dowry and due to non-fulfillment of the same, they strangulated the deceased to death.

8. Petitioner no. 1 is the mother-in-law of the deceased, having no concern with the demand of dowry, the petitioners

Patna High Court CR. MISC. No.38812 of 2025(5) dt.31-10-2025 3/3 shifted the deceased to the hospital and petitioner no. 1 is a lady of clean antecedent.

9. Considering the above-mentioned facts and circumstances, let the petitioner no. 1, in the event of her arrest or surrender within four weeks before the learned court below, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-1, Gopalganj in connection with Uchkagaon P.S. Case No. 52 of 2025, subject to the conditions as laid down under Section 438(2) Cr.P.C./ 482(2) of the BNSS, 2023.

(Nawneet Kumar Pandey, J) priyanka/- U T