Monika Mehta @ Monika Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63930 of 2025 Arising Out of PS. Case No.-129 Year-2025 Thana- SOHSARAI District- Nalanda ====================================================== Monika Mehta @ Monika Devi W/O Sunny Kumar @ Sunny Kumar Mehta Resident of village- Murtujiganj, Post office- Mehandiganj, Police StationPatna City, District-Patna (Bihar) ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Ravi Ranjan Kumar S/O Arjun Mahto R/O Nun Ka Chauraha, Shisha ka Sipal, P.S.- Khajekalan, Dist.- Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Aklavya Chandan Kumar, Adv.

For the Opposite Party/s :

Mrs.Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-09-2025

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends her arrest in a case registered for the offences punishable under Sections 90, 103, 3(5) of B.N.S., 2023.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and is a woman and the informant Ravi Ranjan alleges that his sister was married to Ravi Kumar on 01.12.2021. Further, the accused persons including the petitioner on 10.03.2025 on pretext of a tour took his sister to Nalanda where the accused killed her at the house of Rekha Devi. On receiving information, the informant came to

2/4 the place of occurrence and saw the deadbody of his sister lying in an Ambulance and the accused fled when the police was informed. Further, Ravi Kumar was in an illicit relationship with the petitioner, which was objected by the deceased. It is next alleged that his sister was pregnant at the time of death and had a child out of the wedlock aged about two years.

4. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant. It is next submitted that the date of occurrence is 10.03.2025 and the F.I.R. came to be instituted on 19.05.2025 i.e. after a delay of more than two months. It is next submitted that it absolutely does not stand to reason that if the informant was aware that his sister has been killed by the accused persons then why no F.I.R. came to be instituted instantly. It is next submitted that had the petitioner along with the accused persons were involved in the occurrence in that event, efforts, would have been made to dispose off the dead body with a view to conceal evidence but then the dead body was sent for postmortem. It is also submitted that informant is not an eye witness to the occurrence and has falsely alleged that husband of the deceased was in an illicit relationship with the petitioner. It is next submitted that Rekha Devi is the maternal aunt of the

3/4 husband of the deceased and as such, it does not appears probable that the accused persons would have killed the deceased at the house of Rekha Devi. It is also submitted that had the petitioner along with other accused being involved in the occurrence, in that event, efforts would have been made not to send the dead body for postmortem as cause of death would have been ascertained. It is next submitted that at para-13, it has been pleaded that in the postmortem report no external injury was found. It is further submitted that petitioner that petitioner will not abscond and will cooperate in the trial to prove her innocence.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of her arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Sohsarai P.S. Case No. 129 of 2025 subject to the conditions as laid down

4/4 under Section 482 (2) of BNSS.

7. However, it is made clear that if the investigating Officer of the case files an application before the learned court below bringing to its notice that the petitioner despite giving assurance to this Court is not cooperating in the investigation, in that event, the learned trial court shall be at liberty to cancel the bail bonds of the petitioner.

8. Accordingly, the instant anticipatory bail application stands allowed.

(Satyavrat Verma, J) pallavi/- U T