Jai Mala Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65053 of 2025 Arising Out of PS. Case No.-263 Year-2024 Thana- ALAMNAGAR District- Madhepura ====================================================== Jai Mala Devi W/O Sri Kailash Singh Resident of Village- Khapur, P.S.- Kishanpur (Ratwara), Alamnagar, District- Madhepura. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Beauti Kumari Now Dead W/O Ranjit Kumar Singh, D/O Kamal Kishor Mandal R/O Vill.- Usari , Ward No.- 09, P.S.- Gogari, Dist.- Khagaria ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Pooja Prasad, Advocate For the Opposite Party/s :

Mr. Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 18-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

02. In the present case, the petitioner seeks bail in connection with Alamnagar (Ratwara) P.S. Case No. 263 of 2024 registered for the alleged offences under Sections 498A, 328, 307/34 of the Indian Penal Code and Section 3⁄4 of Dowry Prohibition Act and subsequently added Section 304(B) of IPC.

03. As per prosecution case, the informant was married with co-accused Ranjit Kumar a year back. There is allegation of demand of gold chain and motorcycle in dowry and on nonfulfillment of the demand, it is further alleged that the co-accused husband, father-in-law and this petitioner had administered some poison to the informant whose condition became critical and

Patna High Court CR. MISC. No.65053 of 2025(2) dt.18-09-2025 2/3 subsequently while undergoing treatment, she died.

04. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The petitioner has not committed any offence. The petitioner is a lady and she had been living separately with her daughter-in-law. Learned counsel further submits that the informant was a lady of hot temperament and she always used to quarrel with her husband. Due to her hot temperament, she left the house of her husband and went to her parental home where she consumed some intoxicating article in liquid form. Her condition became serious and after four months of the said occurrence, she died. The date of occurrence is 13.05.2024, but the parents of the informant did not inform the police immediately and kept her with them for more than one month. The informant gave her statement at the instance of her parents. The petitioner is having clean antecedent and she is in custody since 22.03.2025. Chargesheet has been submitted against the petitioner.

05. Learned APP for the State opposes the submission made on behalf of the petitioner. Learned APP submits that there is specific allegation against the petitioner and the co-accused husband and the father-in-law of the deceased for administering poison.

06. Having regard to the facts and circumstances and

Patna High Court CR. MISC. No.65053 of 2025(2) dt.18-09-2025 3/3 submissions made on behalf of the parties and considering the fact that the petitioner is a lady aged about 60 years and also considering the period of custody of the petitioner and her clean antecedent along with submission of charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Udakishunganj, Madhepura/court concerned in connection with Alamnagar (Ratwara) P.S. Case No. 263 of 2024, subject to the conditions mentioned in Section 480(3) of BNSS and the following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) Ashish/- U T