Sumitra Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46338 of 2025 Arising Out of PS. Case No.-386 Year-2024 Thana- PARSABAZAR District- Patna ====================================================== Sumitra Devi W/o Chandradeo Kumar R/o Village- Parsa Bazar, P.S.- Parsa Bazar, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ajay Kumar No. 2, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-08-2025 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 85, 137(2), 140(3) of the Bharatiya Nyaya Sanhita.

3. The prosecution case, in brief, is that marriage of daughter of informant was solemnized with co-accused Raushan Kumar and after some time of marriage, all the accused persons named in the F.I.R., including this petitioner, committed torture and harassment for dowry. It is further alleged that due to torture committed by the accused persons, the victim left her matrimonial house and she is still trace-less.

4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is quite innocent and has committed no offence. Petitioner has falsely been implicated in

Patna High Court CR. MISC. No.46338 of 2025(2) dt.06-08-2025 2/3 this case merely because she happens to be mother-in-law of the victim. There are general and omnibus allegations and there is no specific allegation of overt act against this petitioner. Petitioner is separate in mess and property and has got no concern with the affairs of the victim and her husband. Thrust of accusation is against husband of the victim. It is further submitted that as a matter of fact, victim, namely, Nikita Kumari is in habit of running away from her matrimonial house and has also filed an application before the Principal Judge, Family Court, Patna bearing Matrimonial Case No. 845 of 2024 under Section 12 of the Hindu Marriage Act against son of this petitioner seeking annulment of marriage. Petitioner claims clean antecedent.

5. Learned A.P.P. for the State vehemently opposed the bail application.

6. Considering the aforesaid facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of her arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st Class,

Patna High Court CR. MISC. No.46338 of 2025(2) dt.06-08-2025 3/3 Patna in connection with Parsa Bazar P. S. Case No. 386 of 2024, subject to condition as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Prabhat Kumar Singh, J) Navya/- U T