Balmuni Kuwar @ Balmuni Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69665 of 2025 Arising Out of PS. Case No.-184 Year-2023 Thana- TARARI District- Bhojpur ====================================================== Balmuni Kuwar @ Balmuni Devi W/o- Late Awadh Bihari Paswan @ Late Abadhbihari Paswan R/v- Itimahawan Ps- Tarari Dist- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Kumar, Adv.

For the Opposite Party/s :

Mr.Anand Kishore Choudhary, 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 Tarari P.S. Case No. 184 of 2023 instituted for the offences under Sections 304B, 328, 34 of the Indian Penal Code.

3. Prosecution case, in short, is that the petitioner along with the family members tortured and killed the deceased by administering poison for the non-fulfillment of demand of dowry.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner is the mother-in-law of the deceased. Learned counsel for the petitioner submits that general and omnibus allegation

Patna High Court CR. MISC. No.69665 of 2025(2) dt.24-09-2025 2/3 has been made against the petitioner. No specific overt act is alleged against the petitioner. Learned counsel further submitted that petitioner got married with the deceased on 13.05.2017 but no case has been lodged by the deceased or her family members for demand of dowry but when the unfortunate incident took place, the informant lodged the present case. Learned counsel further submitted that deceased had not been blessed with a child and she used to live in frustration and on the day of occurrence, the petitioner was not in the house and she took poison with a view to end her life but a false story was developed by the informant and he lodged the present case.

Learned counsel further submitted that, in fact, as soon as the petitioner got the information that deceased had consumed poison, he informed her Naihar and also took her to hospital for treatment. Learned counsel further submitted that cause of death of deceased is not ascertained. It has been submitted on behalf of the petitioner that the petitioner is in custody since 23.06.2025 and has no criminal antecedent. He further submits that the co-accused Dharmendra Paswan has already been granted bail by this Court vide order dated 18.09.2024 passed in Cr. Misc. No. 48165 of 2024.

5. Learned A.P.P. for the State has vehemently

Patna High Court CR. MISC. No.69665 of 2025(2) dt.24-09-2025 3/3 opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, no direct allegation against the petitioner, cause of death of the deceased being not ascertained till date, the period of custody undergone by the petitioner as also the petitioner being lady, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.15,000/- (Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Tarari P.S. Case No. 184 of 2023.

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