Daropati Devi @ Dropdi Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70198 of 2024 Arising Out of PS. Case No.-187 Year-2024 Thana- LALIT NARAYAN UNIVERSITY District- Darbhanga ====================================================== Daropati Devi @ Dropdi Devi Wife of Late Krishna Prasad Resident of Village- Laxmi Sagar Sadhugachhi, P.S.- L. N. M. U. , Dist- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Saurav Anand For the Opposite Party/s :

Mr.Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-10-2024 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 314, 316, 304B and 34 of the Indian Penal Code.

3.

Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and the informant alleges that his sister was married to Jwala about two years back, further after marriage she came to know that Jwala was married from before and had two children from his first wedlock, further Jwala kept his sister in a rented premises and whenever his sister requested him to take her to her matrimonial home, Jwala used to assault, further Jwala and his mother

Patna High Court CR. MISC. No.70198 of 2024(2) dt.03-10-2024 2/3 demanded dowry and non-fulfillment of the demand, she was assaulted, next alleges that from the wedlock, a child was born and his sister thereafter again became pregnant and was carrying pregnancy of seven months. It is further alleged that on 30-62024, informant got an information that his sister has been strangulated to death by Jwala and petitioner, accordingly he reached at the place of occurrence and saw the dead body of his sister lying on the ground.

4.

Learned counsel for the petitioner submits that petitioner, being mother-in-law, has been falsely implicated in the instant case by the informant. It is further submitted that the entire allegation hinges around suspicion and informant is not an eye-witness to the occurrence. It is also submitted that even allegation of demand of dowry and assault is general and omnibus in nature. It is further submitted that from the FIR itself it would manifest that the deceased was not staying at her matrimonial home rather she was staying in a rented premises, the rent of which Jwela was paying. It is next submitted that the informant went to the place of occurrence which was the rented premises of his sister, it is further submitted that the statement of Chandrama Devi was recorded under Section 164 Cr.P.C, who was the landlord of the deceased and she has stated that on the

Patna High Court CR. MISC. No.70198 of 2024(2) dt.03-10-2024 3/3 alleged date of occurrence Jwala made a phone-call to her husband and told him that his wife Mamta had committed suicide. It is next submitted whether the death was suicidal, homicidal or accidental is an aspect of investigation but then the dead body of the deceased was found in her rented premises and the petitioner, being mother-in-law, was not residing there. It is next submitted that Jwala is in custody.

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 L.N.M.U P.S. Case No. 187 of 2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) SUMIT/- U T