Babita Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70344 of 2024 Arising Out of PS. Case No.-91 Year-2024 Thana- BARBIGHA District- Sheikhpura ====================================================== 1.
Babita Devi Wife of Rajiv Kumar @ Rajiv Yadav Resident of VillageRamjanpur, P.S.- Barbigha, Dist.- Sheikhpura 2.
Girish Devi @ Pano Devi Wife of Prakash Yadav @ Ram Pravesh Yadav Resident of Village- Ramjanpur, P.S.- Barbigha, Dist.- Sheikhpura ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bipin Kumar, Advocate For the Opposite Party/s :
Mr. Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 05-06-2025
1. Heard learned counsel for the parties.
2. The petitioners have preferred this application for grant of anticipatory bail apprehending their arrest in connection with Barbigha P.S. Case no. 91 of 2024, registered under sections 302 and 34 of the Indian Penal Code.
3. As per the prosecution case, the informant states that his daughter was married to the son of petitioner no.2 about 10 years ago. The informant states that his son-in-law along with other accused persons used to make demand of money and used to threaten that she would be killed if the amount was not given. The informant received information on telephone that the eight named accused persons including the two petitioners
Patna High Court CR. MISC. No.70344 of 2024(5) dt.05-06-2025 2/3 herein had killed his daughter.
4. Learned counsel for the petitioners submits that the petitioners are the gotni (sister-in-law) and mother-in-law of the deceased. Admittedly the informant is not an eye witness to the occurrence. The allegations are general and omnibus in nature. It is submitted that material has transpired in course of investigation to infer that the deceased committed suicide. The postmortem report shows the cause of death to be Asphyxia due to hanging. Several co-accused including Shravan Yadav, Pintu Yadav, Rajiv Yadav and Mantu Yadav have been enlarged on anticipatory bail vide order dated 29.1.2025 passed in Cr. Misc. no.72718 of 2024 and Cr. Misc. no.74709 of 2024. The husband of the deceased is in custody.
5. The application for anticipatory bail is opposed by learned A.P.P. for the State, however, it is submitted that there is no eye witness to the alleged occurrence.
6. Having heard learned counsel for the parties and taking into consideration the allegations against the petitioners in the F.I.R., the material that has transpired in course of investigation, grant of anticipatory bail to the four other co-accused vide aforesaid order dated 29.1.2025 together with the husband of the deceased being in custody, it is directed that
Patna High Court CR. MISC. No.70344 of 2024(5) dt.05-06-2025 3/3 both the petitioners herein who are females, in the event of their arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Barbigha P.S. Case no. 91 of 2024 on each of them furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sheikhpura.
(Partha Sarthy, J) Shiv/- U T