Gurria Devi @ Rajni Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67264 of 2024 Arising Out of PS. Case No.-465 Year-2024 Thana- BIHTA District- Patna ====================================================== 1.
Gurria Devi @ Rajni Devi Wife of Munesh Kumar Mishra Resident of Surya Mandir Road, Sri Rampur, P.S. - Bihta, District - Patna 2.
Deepak Kumar Mishra @ Deepak Kumar Prabhat Son of Munesh Kumar Mishra Resident of Surya Mandir Road, Sri Rampur, P.S. - Bihta, District - Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bauye Jee Jha, Advocate For the Opposite Party/s :
Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 22-03-2025 Heard Learned Counsel for the petitioners and Learned APP for the State.
2. The petitioners are apprehending their arrest in connection with Bihta P.S. Case No. 465 of 2024, lodged on 25.05.2024, under Section 304B/34 of the Indian Penal Code pending before the Court of Additional Chief Judicial Magistrate-I, Danapur, Patna.
3. As per the prosecution, FIR has been lodged against seven named accused persons including the present petitioners. Allegation is that the marriage of informant's daughter was solemnized with the younger brother of petitioner No.2. It has been alleged that other than the husband have killed the
Patna High Court CR. MISC. No.67264 of 2024(3) dt.22-03-2025 2/3 informant's daughter.
4. Learned Counsel for the petitioners submits that the petitioners are innocent and have committed no offence. Counsel further submits that the criminal antecedent of the petitioners is clean. Counsel submits that antecedent of the petitioners are clean. There is no specific allegation against the present petitioners and others. There is general and vague allegation against the present petitioners. Counsel submits that due to this reason case-diary has called for. From the case-diary it became crystal clear that it is a case of suicide. Counsel submits that though case has been lodged under Section 304B of the I.P.C. but only material has come under Section 306 of the I.P.C. Learned Counsel further submits that the family of the husband of the deceased had intimated about the said occurrence to the informant. They are very simple person and police has found that it is a case of suicide and not murder.
5. Learned APP for the State, on the other hand, opposes the prayer for bail of the petitioners and submits that case-diary has been called for and in the case-diary the Nanad of the deceased has disclosed that behind this occurrence there are role of the present petitioners, particularly, in paragraph-7 in spite of partition the petitioners are not ready to vacate the room
Patna High Court CR. MISC. No.67264 of 2024(3) dt.22-03-2025 3/3 which come under the share of the deceased.
6. In this background, this Court is not inclined to grant anticipatory bail to the petitioners. Accordingly, the prayer for anticipatory bail of the petitioners is hereby rejected.
7. It is directed to the petitioners to surrender before the Trial Court within a period of 4 weeks from today. In case, the petitioners surrender within four weeks, then the Trial Court is directed to pass order on merit on their surrender-cum-bail application on the same day without being prejudice that the anticipatory bail of the petitioners has been rejected by this Court. At the time of consideration of the regular bail, this Court shall ignore this aspect that process under Sections 82/83 have been issued.
(Dr. Anshuman, J) Mkr./- U T