Kalpati Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78599 of 2024 Arising Out of PS. Case No.-97 Year-2024 Thana- JIRADEI District- Siwan ====================================================== Kalpati Devi, W/O Late Lalan Singh, Resident of Village-Akolhi, P.S Jiradei, District - Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjeet Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Md. Anzarul Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 24-02-2025 Heard Mr. Ranjeet Kumar Pandey, learned counsel for the petitioner and Mr. Md. Anzarul Haque Sahara, learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 80 and 3(5) of the Bhartiya Nyaya Sanhita, 2023.

3. The case of the prosecution is that the daughter (deceased) of the informant was married to one Upendra Singh in the year 2021. It is further alleged that the daughter of the informant was subjected to cruelty on account of nonfulfillment of dowry demand. The in-laws of the daughter (deceased) of the informant were demanding Rs.5 lakhs cash and a four wheeler. It is alleged that the petitioner along with

Patna High Court CR. MISC. No.78599 of 2024(3) dt.24-02-2025 2/3 others have committed the murder of the daughter of the informant.

4. Learned counsel for the petitioner submits that the petitioner is mother-in-law. The nature of allegation is general and omnibus and from perusal of the case diary at para-7 it transpires that the room in which the dead of the deceased was found, the I.O. has found a whole in the door. It has been submitted by the learned counsel that the I.O. has specifically written down in his application that the room was locked from inside and the daughter of the informant was being rescued by making a whole in the door but she could not be saved. The petitioner is mother-in-law and she is in custody since 13.07.2024.

5. Learned APP appearing for the state has opposed the prayer of regular bail. From perusal of the post mortem report it also transpires that the cause of death is Asphyxia due to antemortem injuries. Ligature mark is present on the front of the neck.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as the fact that the petitioner is an old widow lady, this court is inclined to enlarge the petitioner on bail. The above named

Patna High Court CR. MISC. No.78599 of 2024(3) dt.24-02-2025 3/3 petitioner is directed to be released on bail in connection with Jiradei P.S. Case No. 97 of 2024 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Siwan.

7. Accordingly, the present bail application stand allowed.

(Ashok Kumar Pandey, J) durgesh/- U T