Malti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68957 of 2025 Arising Out of PS. Case No.-863 Year-2022 Thana- HILSA District- Nalanda ====================================================== Malti Devi Wife of Bhushan Bind R/o Village- Pakariyabigha, Police StationHilsa, District- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Prasad, Adv.

For the Opposite Party/s :

Mr.Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 24-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. Petitioner is apprehending arrest in connection with Hilsa P.S. Case No. 863 of 2022 registered for the offences punishable under Sections 304(B)/34 of the Indian Penal Code.

3. As per prosecution case, on 11.12.2022 informant received information that his niece has consumed poison. It is alleged that petitioner and others are said to have concertedly committed murder of informant's niece for nonfulfillment of demand of dowry. It is further alleged that accused persons had earlier also pressurized the informant's niece for demand of dowry.

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence as alleged

Patna High Court CR. MISC. No.68957 of 2025(2) dt.24-09-2025 2/3 in the first information report. It is submitted that cremation was performed in presence of the informant and relatives and thereafter the present F.I.R. has been lodged. It is orally submitted that petitioner being mother-in-law having no say in the family affairs of the deceased and her husband. There is no specific allegation against the petitioner, rather the allegations levelled in the first information report are general and omnibus in nature. It is submitted that husband of the petitioner and husband of the deceased are languishing in jail. Petitioner has no criminal antecedent.

5. The learned A.P.P. for the State vehemently opposes the prayer for anticipatory bail of the petitioner and submits that petitioner is named accused and she cannot escape from the allegations levelled in the first information report.

6. Considering the facts and circumstances of the case, keeping in view clean antecedent of petitioner, petitioner being mother-in-law having no say in the family affairs of the deceased and her husband, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioner, above named, in the event of arrest or surrender within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-

Patna High Court CR. MISC. No.68957 of 2025(2) dt.24-09-2025 3/3 (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate I, Hilsa (Nalanda)/Successor Court, Hilsa (Nalanda) in connection with Hilsa P.S. Case No. 863 of 2022, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.

7. The application stands allowed.

(Alok Kumar Pandey, J) mcverma/- U T