Rinku Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69257 of 2025 Arising Out of PS. Case No.-32 Year-2025 Thana- AZIMABAD District- Bhojpur ====================================================== Rinku Devi W/O Kamlesh Bin @ Kamlesh Bind Resident of VillageKarwasin, P.S.- Azimabad, Dist.- Bhojpur ... ... Petitioner/s
Versus
1.
The State of Bihar Patna 2.
Dhananjay Kumar S/O Sulendra Bind R/O Vill.- Sorampur, P.S.- Dulhin Bazar, Dist.- Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manoj Kumar, Advocate For the Opposite Party/s :
Mr. Md. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 26-09-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in anticipation of her arrest in connection with Azimabad P.S. Case No. 32 of 2025 dated 03.04.2025 instituted for the offences punishable under Sections under Sections 103, 80(2), 238, 61(2), 3(5) of the Bharatiya Nyaya Sanhita.
3. As per the prosecution case, the informant's sister Savitri Kumari was married to one Genu Kumar. It is further alleged that the accused persons used to demand dowry and on account of non-fulfillment of the same she was done to death by her husband and other family members including the petitioner,
2/4 who happens to be the mother-in-law.
4. Learned counsel for the petitioner has submitted that since the petitioner is mother-in-law she has been named as an accused. However, there is no specific allegation against her. It has further been submitted that the allegation of demand of dowry is concocted and there is general and omnibus allegation against all. It is further submitted that the husband of the deceased Savitri Kumari has confessed his guilt. It is further submitted that there is no material in the case diary which would go to show the involvement of the petitioner in the aforesaid crime and no incriminating article has been recovered from the conscious possession of the petitioner.
5. learned APP has vehemently opposed the prayer for anticipatory bail of the petitioner and has stated that the petitioner being the mother-in-law use to reside in the same household and she was also involved in killing of her daughterin-law.
6. Considering the facts aforesaid and taking into account that there is no specific allegation against the petitioner, she is directed to be released on bail, in the event of her arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on
3/4 their furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, First Class, Bhojpur at Ara in connection with Azimabad P.S. Case No. 32 of 2025, subject to the conditions as laid down under Section 482 of the BNSS and subject to 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, if so required by the learned Trial Court;
(iii) in case of absence on two consecutive dates or in violation of the terms of the bail, the bail bonds of the petitioner will liable to be cancelled by the Court concerned; (iv) the Court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed her criminal antecedent, the court below shall take step for cancellation of bail bonds of the petitioner. However, the acceptance of bail bonds in terms of the above mentioned order shall not be delayed for purpose of the same on in the name of verification.
7. It is made clear that the observations, if any, made
4/4 in this order, shall be of no bearing during the trial. (Sourendra Pandey, J) krishna/- U T