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Patna High CourtCR. MISC./42287/2025bail granted

Heera Devi v. The State Of Bihar

2025-07-15Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42287 of 2025 Arising Out of PS. Case No.-61 Year-2024 Thana- Parihara District- Begusarai ====================================================== Heera Devi W/o - Ram Pravesh Tanti R/o Village- Bahuara, P.S.- Parihara, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 15-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Parihara P.S. Case No. 61 of 2024 instituted for the offence under Sections 103(1), 61(2), 85, 352 & 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3.

Prosecution case as emanated from the FIR is that the deceased was married to Sheet Kumar Tanti about 8 years ago and had three children. On 31.10.2024, her body was found hanging outside her in-laws' house, with signs of hanging on her neck, and her in-laws had fled. The informant alleged that due to a remaining dowry demand of Rs. 1,00,000/-, accused family members killed and hanged her.

Patna High Court CR. MISC. No.42287 of 2025(2) dt.15-07-2025 2/3 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 14-12-2024. Petitioner bears no criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Petitioner is the mother-in-law of the deceased. There is no specific allegation attributed to the petitioner, rather allegation is general and omnibus in nature. Petitioner is even separate in mess and property from the husband of the deceased. Postmortem report suggest the cause of death due to asphyxia as a result of hanging. It is submitted that police after completion of investigation has submitted charge sheet in this case under Section 108 of the BNS. Other co-accused have been enlarged on anticipatory bail by a Co-ordinate Bench of this Court vide order dated 13-05-2025, passed in Cr. Misc. No. 12028 of 2025. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, charge sheet being submitted under Section 108 of the BNS and claim based on parity, this Court is inclined to grant bail to the petitioner.

Patna High Court CR. MISC. No.42287 of 2025(2) dt.15-07-2025 3/3 8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Parihara P.S. Case No. 61 of 2024.

(Rudra Prakash Mishra, J) Raj Kishore/- U T