Uma Devi @ Usha Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61018 of 2025 Arising Out of PS. Case No.-178 Year-2024 Thana- KACCHWA District- Rohtas ====================================================== 1.
Uma Devi @ Usha Devi Wife of Sujit Singh @ Sujit Kumar Singh R/o Vill - Bharthouli, P.S. -Aurangabad, Dist -Aurangabad. 2.
Sujit Singh @ Sujit Kumar Singh Son of Bilakh Deo Singh R/o Vill - Bharthouli, P.S. -Aurangabad, Dist -Aurangabad. 3.
Raja Rana @ Raja Kumar @ Raj Rana son of Sujit Singh @ Sujit Kumar Singh R/o Vill - Bharthouli, P.S. -Aurangabad, Dist -Aurangabad. ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Kanchan Devi wife of Shri Ajay Singh village and Po- Danwaar, PsKachhwan, Dist- Rohtas ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dayanand Singh, Advocate For the Opposite Party/s :
Mr. Anil Prasad Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 10-09-2025 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. This application for grant of anticipatory bail, arises out of Kachhwan Police Station Case No. 178 of 2024, disclosing offences under Sections 85, 80(2) of Bharatiya Nyaya Sanhita, 2023 and Section 3/4 of Dowry Prohibition Act, 1961.
3. The prosecution case, as per the First Information Report lodged on 13.11.2024, the marriage of informant's daughter, namely, Shalu Kumari (deceased)
2/4 was solemnized with one co-accused, namely, Sonu Kumar on 14.05.2021. After the marriage, petitioners along with other co-accused persons started torturing and ill treated the informant's daughter due to non-fulfillment of further demand of dowry. It is further alleged that on 27.01.2024, the deceased has been assaulted due to which she has been admitted in Sadar Hospital, Aurangabad and also at B.H.U, Varanasi for better treatment but during the course of treatment, she died on 30.10.2024.
4. Learned Counsel for the petitioners submit that petitioners have falsely been implicated in this case with ulterior motive. After the marriage of the informant's daughter with the petitioner no.1's son, they started living cordially and one female child was borne after the wedlock. The allegation of torture and ill treatment of the deceased by the petitioners is totally false and fabricated. The deceased was suffering from various diseases for which she was being treated since long and ultimately she was admitted in B.H.U. on 12.10.2024 for better treatment. During the course of treatment in the Hospital at B.H.U. Varanasi, the deceased died of various diseases which is
3/4 mentioned in the death certificate of the deceased annexed at Annexure P/2. After the death of the deceased in hospital on 30.10.2024, both the families cremated the dead body in Varanasi itself. Subsequently, thereafter, the present FIR has been lodged after a delay of about 13 days i.e. on 13.11.2024. In the death certificate, the signature of coaccused and the husband of the deceased is also there. Petitioner no. 1 is the mother-in-law, petitioner no. 2 is father-in-law while petitioner no. 3 is brother-in-law of the deceased.
5. Having regard to the submissions made by the parties and taking into consideration the fact that deceased was suffering from various diseases as it would be evident from the Annexure P/2 i.e. the death certificate of the deceased, I am inclined to grant the petitioners privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioners, above named, in the event of their arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the
4/4 like amount each to the satisfaction of learned Additional Chief Judicial Magistrate III, Bikramganj, Rohtas, in connection with Kachhwan Police Station Case No. 178 of 2024, subject to the condition laid down under Section 482
(2) of the B.N.S.S.
(Anil Kumar Sinha, J) Siwani/- U T