Gudiya Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72093 of 2025 Arising Out of PS. Case No.-157 Year-2024 Thana- NIMCHAKBATHANI District- Gaya ====================================================== Gudiya Devi W/o- Fukun Chandhari Village- Singhapar PS-Nermchak Bathani, Dist- Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Ajay Kumar Sinha, Advocate For the State :
Mr. Abhay Kumar, APP For the Informant :
Mr. Rakesh Ranjan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 10-11-2025 Heard learned counsel appearing on behalf of the petitioner, learned APP appearing on behalf of the State and learned counsel appearing on behalf of the informant.
2. The petitioner apprehends her arrest in a case registered for the offence punishable under Sections 341, 323, 304B, 328, 504 and 34 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act.
3. It is a case of dowry death. As per prosecution case, informant alleged that marriage of his daughter was solemnized with co-accused Vikash Chaudhary in the year 2019. Thereafter, all the F.I.R. named accused persons, including this petitioner, committed torture and harassment with the victim due to nonfulfillment of demand of dowry. It is further alleged that on
Patna High Court CR. MISC. No.72093 of 2025(3) dt.10-11-2025 2/3 10.06.2024, informant received information that all the accused persons, including this petitioner, have committed murder of his daughter by poisoning her.
4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is quite innocent and has committed no offence. Petitioner has falsely been implicated in this case merely because she happens to be mother-in-law of the deceased. Petitioner is separate in mess and property and has got no concern with the affairs of the deceased and her husband. Informant is not an eye witness of the alleged occurrence. Allegation of demand of dowry is general and omnibus and no specific accusation of overt act has been alleged against the petitioner. Thrust of accusation is against husband of deceased who is already in custody. Petitioner claims clean antecedents.
5. Learned A.P.P. for the State and learned counsel for the informant have vehemently opposed the prayer for grant of anticipatory bail to the petitioner.
6. Considering the facts and circumstances of the case, general and omnibus nature of accusation and clean antecedents of the petitioner, the prayer for grant of anticipatory bail to the petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within
Patna High Court CR. MISC. No.72093 of 2025(3) dt.10-11-2025 3/3 a period of eight weeks from today, let the above named petitioners be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Gaya in connection with Neemchak Bathani P.S. Case No. 157 of 2024, subject to condition as laid down under Section 482(2) of the B.N.S.S..
(Prabhat Kumar Singh, J) shashank/- U T