Poonam Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42099 of 2025 Arising Out of PS. Case No.-368 Year-2023 Thana- GORAUL District- Vaishali ====================================================== Poonam Devi Wife of Raushan Kumar Singh Permanent R/O Village - Mohammadpur Turi, P.S.- Goraul (Kathara O.P.), District - Vaishali, and presently R/O Village - Hidayat Pur Chakhaji, P.S.- Goraul, District - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravish Mishra, Advocate For the State :

Mr. Bhanu Pratap Singh, APP For the Informant :

Mr. Shivjee Singh, Advocate Mr. Mukesh Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 08-08-2025 Heard Mr. Ravish Mishra, learned counsel for the petitioner, Mr. Shivjee Singh, learned counsel appearing on behalf of the informant as well as Mr. Bhanu Pratap Singh, learned Additional Public Prosecutor for the State.

2. Petitioner seeks bail who is in custody since 17.03.2025 in connection with Goraul (Kathara O.P.) P.S. Case No. 368 of 2023, F.I.R. dated 01.09.2023 for the offences punishable under Sections 304(B), 201, 34 of the IPC.

3. According to prosecution case, the petitioner along with other co-accused persons is said to have tortured and killed the daughter of the informant due to non-fulfillment of demand of dowry.

4. Learned counsel for the petitioner submits that petitioner has clean antecedent and she has falsely been

2/4 implicated in the present case. She has been made accused in the present case merely on the ground that she is the first wife of the deceased husband. He further submits that from a bare perusal of the FIR, it appears that there is no specific allegation of any assault or overt act attributed against the petitioner rather there is general and omnibus allegation against all the accused persons including this petitioner. It is further submitted that similarly situated, co-accused person, namely, Rekha Devi has been granted privilege of regular bail by a co-ordinate Bench of this Hon'ble Court vide order dated 21.02.2024 passed in Cr. Misc. No. 10276 of 2024 and co-accused persons, namely, Rohit Kumar and Kajal Kumari, have been granted privilege of anticipatory bail by this Court vide order dated 06.05.2024 passed in Cr. Misc. No. 26144 of 2024. It is further submitted that the police after investigation has submitted the charge-sheet against the petitioner. The petitioner is in custody since 17.03.2025.

5. The learned counsel appearing on behalf of the informant as well as learned Additional Public Prosecutor have vehemently opposed the prayer for bail of the petitioner and submits that the petitioner is involved in the present crime in question and apart from that she along with other co-accused

3/4 persons has committed murder of the deceased.

6. Considering the aforesaid facts and circumstances, the petitioner has clean antecedent and similarly situated coaccused persons have been granted privilege of regular and anticipatory bail by a co-ordinate Bench of this Hon'ble Court and by this Court respectively, let the petitioner, above named, 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 the learned C.J.M., Vaishali at Hajipur in connection with Goraul (Kathara O.P.) P.S. Case No. 368 of 2023, subject to the 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 her absence on two consecutive dates without sufficient reason, 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 her

4/4 criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the 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) priyanka/- U T