Raj Kumari Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65645 of 2025 Arising Out of PS. Case No.-136 Year-2024 Thana- KALYANPUR District- Samastipur ====================================================== 1.
Raj Kumari Devi W/o Suresh Paswan R/o vill - Mirzapur, P.S.- Kalyanpur, Distt.- Samastipur 2.
Puspanjali Kumari D/o Suresh Paswan R/o vill - Mirzapur, P.S.- Kalyanpur, Distt.- Samastipur 3.
Anjali Kumari D/o Suresh Pasawan R/o vill - Mirzapur, P.S.- Kalyanpur, Distt.- Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar, Advocate For the Opposite Party/s :
Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 19-09-2025 Heard Mr. Ajay Kumar, the learned counsel for the petitioner and learned A.P.P. for the State.
2. Petitioners apprehend their arrest in connection with Kalyanpur P.S. Case No. 136 of 2024 registered for the offences under Sections 304(B)/34 of the Indian Penal Code.
3. As per the prosecution case, the informant has alleged that the daughter of the informant, namely, Babita Kumari was married to Amar Paswan around five years ago and thereafter all the named accused persons used to assault the deceased and mentally harass her on account of non-fulfillment of demand of dowry.
2/4
4. Learned counsel for the petitioners submits that petitioner no. 1 is the mother-in-law, while petitioner nos. 2 and 3 are married sisters-in-law (Nanad) of the deceased. Learned counsel for the petitioners submits that entire allegations are general and omnibus in nature and in fact the deceased had died due to cholera. Learned counsel for the petitioners has drawn the attention of this Court towards the judgment dated 07.05.2022 brought on record by way of Annexure-A2 whereby the other co-accused persons, namely, Suresh Paswan (father-inlaw) and Amrita Kumari (Nanad) of the deceased have been acquitted from the charges in the present case and it has been submitted that during the course of trial even the informant has not supported the case and in fact gone on to state that the daughter of informant died due to cholera. It is lastly being submitted that the petitioners have clean antecedent.
5. Learned APP for the State has opposed the prayer for anticipatory bail.
6. Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, let the petitioners above named be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail
3/4 bonds of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor court in connection with Kalyanpur P.S. Case No. 136 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure read with corresponding Section 482(2) of B.N.S.S. as well as subject to the following conditions:- (i) One of the bailors of the petitioners shall be their close relative.
(ii) The petitioners shall remain physically present in Court on each date of the trial.
(iii) In case of absence on two consecutive dates, or in violation of the terms of the bail, the bail bond of the petitioners will be liable to be cancelled by the Court concerned. (iv) If the petitioners are found involved in similar nature of offence in future, the prosecution shall be at liberty to move for cancellation of their bail bond.
(v) The learned Court below shall verify the criminal antecedent of the petitioners and in case at any stage it is found that the petitioners have concealed their criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of
4/4 the above-mentioned order shall not be delayed for purpose of or in the name of verification.
7. Accordingly, the prayer for anticipatory bail is allowed.
8. It is made clear that the observation, if any, made in this order, shall be of no bearing during the trial. (Sourendra Pandey, J) manoj/- U T