Roshani Devi @ Rosani Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70363 of 2025 Arising Out of PS. Case No.-56 Year-2019 Thana- GOPALPUR District- Gopalganj ====================================================== Roshani Devi @ Rosani Devi W/o Rajdev Sah R/o Village- Chailwa, P.S.- Gopalganj, Dist.- Gopalganj, Bihar ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Pritish Ranjan, Adv.

Mr. Mayank Mohan, Adv.

For the Opposite Party/s :

Mr. Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 09-10-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. In the present case, the petitioner seeks bail in connection with Gopalpur P.S. Case No. 56 of 2019, registered for the offences under Section 498(A) and 307/34 of the Indian Penal Code and Section 3, 4 of the Dowry Prohibition Act.

3. As per the prosecution case, the daughter of the informant was married with co-accused Lav Prasad and the petitioner is the mother of the co-accused Lav Prasad. The allegation against the petitioner and other co-accused persons is that they used to torture the sister of the informant and further used to demand a motorcycle and Rs. 1 lakh in cash. They used to torture the sister of the informant on non-fulfillment of this

Patna High Court CR. MISC. No.70363 of 2025(2) dt.09-10-2025 2/3 demand and ultimately she was set on fire and succumbed to her injuries during treatment.

4. Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and has been falsely implicated in this case. Petitioner is the mother-in-law of the deceased and she used to live separately from the deceased. There is no specific allegation against the petitioner. The deceased committed suicide due to dispute with her husband. The husband, father-in-law and brother-in-law of the petitioner have been acquitted by the learned Sessions Court in Sessions Trial No. 151 of 2020 dated 26.11.2021. The petitioner has no criminal antecedent and is in custody since 24.07.2025. The charge-sheet has been submitted.

5. Learned A.P.P. appearing for the State opposes the submission made on behalf of the petitioner.

6. Having regard to the fact and circumstances and submission made on behalf of the parties and considering the acquittal of the co-accused husband, father-in-law and brotherin-law and further considering the fact that the petitioner is mother-in-law of the deceased and her clean antecedent, period of custody, submission of charge-sheet, the petitioner is directed to be released on bail, on furnishing bail bonds of Rs.10,000/-

Patna High Court CR. MISC. No.70363 of 2025(2) dt.09-10-2025 3/3 (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate -5th, Gopalganj in connection with Gopalpur P.S. Case No. 56 of 2019, subject to the condition laid down under Section 480(3) of the BNSS and other 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 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) Siddharth Soni/- U T