Most. Anita Devi @ Anita Masomat @ Anita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68694 of 2025 Arising Out of PS. Case No.-94 Year-2025 Thana- BIRPUR District- Supaul ====================================================== Most. Anita Devi @ Anita Masomat @ Anita Devi W/o Late Jagat Mukhiya R/o Village-Bishanpur (Bishunpur) Ghanshyam Ward No 11, P.S.- Balua Bazar, District- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pawan Kumar, Adv.

For the Opposite Party/s :

Mr. Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 24-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with S.T. No. 212 of 2025 arising out of Birpur (Balua Bazar) P.S. Case No. 94 of 2025 instituted for the offences under Sections 103(1), 3(5) of the B.N.S., 2023.

3. As per prosecution case, the accusation against the accused persons including the petitioner is of committing murder of the informant's sister by hanging to death.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against her and has falsely been implicated in the present case. The petitioner is the mother-in-law of the deceased and she lives

Patna High Court CR. MISC. No.68694 of 2025(2) dt.24-09-2025 2/3 separately from the deceased. The petitioner has neither demanded any dowry nor has assaulted the deceased. The petitioner is an old aged lady and has never tortured the deceased either physically or mentally. He further submits that as a matter of fact, the deceased has committed suicide. From perusal of the postmortem report, it appears that there was no external injury upon the body of the deceased and the petitioner has falsely been implicated in this case on the basis of suspicion. There is no eye-witness to the alleged occurrence. The petitioner has no criminal antecedent and is languishing in judicial custody since 18.03.2025 without any rhymes or reason. Charge-sheet has been submitted under Sections 103(1), 85, 3(5) of the B.N.S., 2023.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner, stating that the offence alleged is serious in nature.

6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case, the period of custody of the petitioner, the petitioner having no criminal antecedent, there being no specific allegation against the petitioner as also the petitioner being lady, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of

Patna High Court CR. MISC. No.68694 of 2025(2) dt.24-09-2025 3/3 Rs.15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with S.T. No. 212 of 2025 arising out of Birpur (Balua Bazar) P.S. Case No. 94 of 2025, subject to the following conditions;

(i) One of the bailor(s) shall be the own/close family members of the petitioner.

(ii) The petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, her bail bond shall be liable to be cancelled by the court below.

(Rudra Prakash Mishra, J) rishi/- U T