Nirmala Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50686 of 2025 Arising Out of PS. Case No.-61 Year-2025 Thana- INDRAPURI District- Rohtas ====================================================== 1.
Nirmala Devi Wife of Lala Dhobi @ Lala Rajak Village -Sikariya PSindrapuri Distritct- Rohtas 2.
Lala Dhobi @ Lala Rajak son of Gonju Rajak @ Gangul Dhobi Village -Sikariya PS- indrapuri Distritct- Rohtas 3.
Arjun Dhobi @ Arjun Kumar Rajak son of Lala Dhobi @ Lala Rajak Village -Sikariya PS- indrapuri Distritct- Rohtas ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rakesh Singh, Adv.
For the Opposite Party/s :
Mr. Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 11-08-2025 Heard the learned Advocate for the petitioners and the learned APP for the State.
2. The petitioners apprehend their arrest in connection with Indrapuri P.S. Case No. 61 of 2025, registered for the offences punishable under Sections 80 and 3(5) of the BNS.
3. The marriage of the daughter of the informant was solemnized with the son of the petitioner nos. 1 and 2 on 04.05.2018. The couple also blessed with two children. Despite the aforesaid fact, co-accused persons kept on demanding dowry and on account of non fulfillment of the same, the deceased was tortured in various ways. On the instigation made by the
Patna High Court CR. MISC. No.50686 of 2025(2) dt.11-08-2025 2/3 petitioners, the deceased was done to death by strangulation.
4. Learned Advocate for the petitioners contended that the two children born out of the wedlock clearly suggest that there was a good relationship. Moreover, the marriage was solemnized in the year 2018 and, as such, demand of dowry at this stage does not inspire confidence. The petitioners are none else but the parents-in-law and brother-in-law and there is omnibus nature of allegation. The entire prosecution case falls to the ground for the simple reason that during post-mortem, no mark of violence has been found over the body of the deceased and the cause of death is said to be asphyxia due to hanging, but it is made clear that the same shall be ascertained only by viscera report; accordingly, the viscera has been sent to the Forensic Science Laboratory. It is lastly contended that the petitioners have no concern with the day-to-day affairs of the deceased and her husband and in fact, they have been residing separately in mess and property.
5. On the other hand, learned counsel for the State opposed the pre-arrest bail application and submits that the death has caused just within seven years of marriage and soon before the occurrence, there was a demand of dowry and, as such, the dowry death cannot be ruled out.
Patna High Court CR. MISC. No.50686 of 2025(2) dt.11-08-2025 3/3
6. Having considered the submissions set-forth by learned Advocate for the respective parties and taking note of the fact that the petitioners are in-laws persons and the postmortem report does not support the allegation of violence, coupled with the fact that the marriage was solemnized in the year 2018, let the petitioners above named be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Dehri, Rohtas in connection with Indrapuri P.S. Case No. 61 of 2025, subject to the conditions laid down in Section 482(2) Bharatiya Nagarik Suraksha Sanhita, 2023 with the further condition that one of the bailors shall be the own/close family members of the petitioners.
(Harish Kumar, J) shivank/- U T