Suman Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48562 of 2025 Arising Out of PS. Case No.-345 Year-2024 Thana- MUFFASIL District- Aurangabad ====================================================== 1.
Suman Kumari W/o Ravi Kumar @ Rahul Sao R/V- Nagahara, PSMuffasil, Dist- Aurangabad 2.
Ravi Kumar @ Rahul Sao @ Rahul Kumar S/o Umesh Sao @ Umesh Saw R/V- Nagahara, PS- Muffasil, Dist- Aurangabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Yogesh Chandra Verma, Sr. Advocate For the State :
Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 11-08-2025 Heard Mr. Yogesh Chandra Verma, learned Senior counsel for the petitioners and Mr. Bhanu Pratap Singh, learned APP for the State.
2. The petitioners are apprehending their arrest in connection with Aurangabad (Muffasil) P.S. Case No. 345 of 2024, F.I.R. dated 12.09.2024 registered for the offences punishable under Sections 80(2), 3(5) of the B.N.S.
3. Allegation against the petitioners is of committing torture and caused death due to non-fulfillment of demand of dowry.
4. Learned Senior counsel for the petitioners submits that the petitioners having clean antecedents and they have been falsely implicated in the present case and petitioner no. 1 is sister-
Patna High Court CR. MISC. No.48562 of 2025(2) dt.11-08-2025 2/3 in-law and petitioner no. 2 is brother-in-law of the deceased. It appears from the F.I.R. itself that although petitioners are named in the F.I.R. but there is no specific allegation of assault or overt act or demand of dowry attributed against these petitioners rather there is general and omnibus allegation against the accused persons including these petitioners and the deceased was married to one Rohit Saw who happens to be brother of petitioner no. 1 and brother-in-law of petitioner no. 2 and the husband of the deceased is in judicial custody.
5. Learned APP for the State has opposed the prayer for anticipatory bail of the petitioners.
6. Considering the facts and circumstances of the case, let the petitioners, above named, in the event of their arrest or 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/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in connection with Aurangabad (Muffasil) P.S. Case No. 345 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 :-
(1) Learned Court below is directed to verify that the
Patna High Court CR. MISC. No.48562 of 2025(2) dt.11-08-2025 3/3 husband of the deceased is in custody or not and if the husband of the deceased is not in custody then the bail bonds of the petitioners will not be accepted by the learned Court below.
(2) Petitioners 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 their absence on two consecutive dates without sufficient reason, their bail bonds shall be cancelled by the Court below.
(3) If the petitioners tamper with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.
(4) And, further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage, it is found that the petitioners have concealed their criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioners. 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) Ibrar//- U T