Rupa Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73511 of 2025 Arising Out of PS. Case No.-119 Year-2023 Thana- BAHADURPUR District- Patna ====================================================== Rupa Kumari D/o Rajesh Kumar R/o - Fampur Road, P.S - Bahadurpur, District - Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pravashankar Mishra, Adv.
For the Opposite Party/s :
Mr. Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 19-11-2025 Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the State.
2. The petitioner apprehends her arrest in connection with Bahadurpur P.S. Case No. 119 of 2023, dated 05.04.2023, registered under Sections 304(B) 34 of the I.P.C.
3. The prosecution case, in brief, is that Archana Kumari got married to Santosh Kumar in the year 2021. In the marriage gifts were given as per their capacity. After 4-5 months of marriage, informant's niece husband Santosh Kumar, motherin-law Madhuri Devi, sister-in-law Rupa Kumari and father-inlaw Rajesh Prasad again started demanding motorcycle in dowry from her. Because of not complying with the demand, they continued to assault her. Despite that Archana Kumari tolerated all these things, but she narrated ordeal to informant's
2/4 elder brother and sister-in-law. Time to time informant's brother used to come and convince them. Despite that they continued with the demand of dowry. On 05.04.2023 informant's sister-inlaw Bibha Devi and elder brother Anuj Rout, who are in Ludhiana, working in private company, called him at 02:30 O'clock and informed him that Archana's husband Santosh Kumar has informed that Archana is ill and is admitted in Ramratan Hospital and have asked to come immediately. On the direction of his elder brother the informant reached the hospital and found his niece dead in I.C.U. Her husband was also present in the hospital. He saw black coloured mark of hanging around her neck and cut injury on her left wrist. On enquiry Archana's husband told that because of argument, which took place in the morning, she hanged herself. He is confident that Archana Kumari was always treated with cruelty by Santosh Kumar, her mother-in-law, father in-law and sister-in-law for demand of dowry and was always assaulted and when she could not tolerate this treatment, she hanged herself and died.
4. Learned counsel for the petitioner submits that there is general and omnibus allegations against this petitioner, while the specific allegation is against co-accused Santosh Kumar, who has been arrested and granted regular bail by a Coordinate Bench of this Court vide order dated 09.04.2025, passed in Cr. Misc. No.
3/4 7146 of 2024.
5. Learned Additional Public Prosecutor for the State has opposed the prayer for bail of the petitioner.
6. Considering the facts that there is general and omnibus allegations against this petitioner, while the specific allegation levelled against husband of the deceased namely Santosh Kumar, who has been arrested and granted regular bail by a Coordinate Bench of this Court, let the above named petitioner, be released on anticipatory bail, in the event of her arrest or surrender before the learned Court below within a period of four weeks from the date of receipt/production of a copy of this order, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each, to the satisfaction of the learned J.M., 1st Class, Patna City in connection with Bahadurpur P.S. Case No. 119 of 2023, subject to the condition as laid down under Section 482 of the B.N.S as well as the following conditions:- (i) one of the bailors should be the family member/relative of the petitioner (s) who shall provide official document to show his/her bona fide;
(ii) the petitioner (s) shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail
4/4 cancellation of his/her/their bail bond by the Trial Court itself; (iii) the petitioner (s) shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(iv) the petitioner (s) shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds. (Ajit Kumar, J) pravinkumar/- U T