Shushila Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46976 of 2025 Arising Out of PS. Case No.-182 Year-2024 Thana- ISUAPUR District- Saran ====================================================== Shushila Devi W/o Surendra Singh R/o Village- Gamhariya, P.S.- Isuapur, Dist.- Saran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Harsh Singh, Advocate Mr. Abhijeet, Advocate Mr. Tej Pratap Singh, Adv For the Opposite Party/s :
Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 17-10-2025 Heard the learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending her arrest in a case registered for the offences punishable under Sections 108 and 3(5) of the B.N.S.
3. According to prosecution case, the informant's daughter was married to the co-accused about eight years ago. After six months of marriage, the co-accused and his family allegedly began harassing her for not fulfilling their demand for a motorcycle as dowry. The victim reportedly informed her father about the harassment over the phone and told her in-laws that her father could not meet their demand, which angered them.
4. Learned counsel for the petitioner submits that merely the name of this petitioner has been incorporated in the accused coloum of the F.I.R. as accused No.1, no overt act or
Patna High Court CR. MISC. No.46976 of 2025(4) dt.17-10-2025 2/3 any kind of imputation is made against this petitioner, who is the mother-in-law of the deceased. It has next been submitted that the husband of the deceased is already in custody and that the petitioner is an old lady and has no concern with the matrimonial life of her son and in fact, the petitioner's husband is suffering from paralysis, is bed ridden and has nobody except the petitioner to look after him. It has further been submitted that the petitioner has clean antecedent.
5. Learned APP for the State opposes the prayer for anticipatory bail application.
6. Considering the aforesaid facts and circumstances that the petitioner is an old lady, has no concern with the matrimonial life of her son and the petitioner's husband is suffering from paralysis, who is bed ridden and has nobody except the petitioner to look after him and the petitioner has clean antecedent. Accordingly, this Court is inclined to grant the privilege of anticipatory bail to the petitioner.
7. Let the petitioner, above named, in the event of her 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/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of
Patna High Court CR. MISC. No.46976 of 2025(4) dt.17-10-2025 3/3 the learned Judicial Magistrate 1st Class, Saran, Chapra, in connection with Isuapur P.S. Case No. 182 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure / Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita and with other following conditions:- (i) one of the bailors should be the family member/relative of the petitioner(s) who shall provide official document to show his/her bona fide;
(ii) the petitioner(s) shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her/their bail bond by the Trial Court itself; (iii) the petitioner(s) shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(iv) the petitioner(s) shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds. (Ajit Kumar, J) sharun/- U T