Maheswari Chaudhary @ Maheshwari Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77450 of 2024 Arising Out of PS. Case No.-352 Year-2024 Thana- NAUBATPUR District- Patna ====================================================== Maheswari Chaudhary @ Maheshwari Devi Wife of Satan Chaudhary Resident of Village - Janipur, Police Station - Janipur, District - Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dhaneshwar Prasad Gupta, Adv.
For the Opposite Party/s :
Mr. Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 22-03-2025 Heard the learned Advocate for the petitioner and the learned APP for the State.
2. The petitioner apprehends her arrest in connection with Naubatpur P.S. Case No. 352 of 2024, registered for the offences punishable under Sections 341, 323, 324, 307, 498(A), 504, 506 and 302 of the Indian Penal Code.
3. Based upon the written report, the prosecution alleges that the marriage of the daughter of the informant was solemnized with one 'Ranjeet Kumar' in May, 2023. However, while her daughter was carrying a pregnancy of eight months, in the meanwhile, her husband, namely, Ranjeet Kumar, unfortunately died and thereafter, with the consent of all the family members, the marriage of the daughter of the informant was solemnized with the younger brother of Ranjeet Kumar,
Patna High Court CR. MISC. No.77450 of 2024(3) dt.22-03-2025 2/3 namely, Ajay Kumar. On 24.06.2024, while the daughter of the informant along with her husband were going to some place, in the meanwhile, information was given that her daughter is lying injured and she was taken to Naubatpur Hospital, from where she was referred to AIIMS, Patna and her condition was found to be critical in nature. Suspicion has been raised against all the family members, including the petitioner of causing her death.
4. Learned Advocate for the petitioner contended that the petitioner is none else but the mother-in-law of the deceased and save and except suspicion against all the family members, there is no material suggesting their involvement in the crime, coupled with the fact that neither there is any demand of dowry nor the allegation of torture is levelled against the family members. In fact, on the fateful date while the deceased and her husband was going on a motorcycle, they met with an accident, resulting into injuries to both the persons. Later on, the deceased succumbed to the injury. The husband of the deceased was also treated in the AIMS, which would also be evident from Annexure-P/2. There is no eyewitness to the alleged occurrence and the petitioner is ready to give undertaking that she will fully co-operate in the proceeding of the Court.
5. On the other hand, learned counsel for the State
Patna High Court CR. MISC. No.77450 of 2024(3) dt.22-03-2025 3/3 opposed the pre-arrest bail application and submits that suspicion has been raised against the petitioner.
6. Regard being had to the submissions made on behalf of the parties and considering the nature of allegation, which is based upon suspicion, coupled with the fact that the petitioner is an old mother-in-law of the deceased, having no specific allegation, let the petitioner above named be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-1st, Danapur, Patna in connection with Naubatpur P.S. Case No. 352 of 2024, subject to the conditions laid down in Section 438(2) Cr.P.C. with the further condition that one of the bailors shall be the own/close family members of the petitioner. (Harish Kumar, J) shivank/- U T