Mamta Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81140 of 2024 Arising Out of PS. Case No.-227 Year-2024 Thana- PIPRA District- Supaul ====================================================== 1.

Mamta Devi Wife of Sanjay Mandal Resident of Village - Thumaha, Ward No.09, P.S. - Pipra, District - Supaul 2.

Mala Devi @ Mala Kumari Wife of Vijay Kumar Resident of Village - Thumaha, Ward No.09, P.S. - Pipra, District - Supaul 3.

Sanjay Kumar Mandal @ Sanjay Mandal Son of Bechan Mandal Resident of Village - Thumaha, Ward No.09, P.S. - Pipra, District - Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhananjay Kumar Tiwary For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 08-05-2025

1. Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Pipra Police Station Case No. 227 of 2024, disclosing offences under Sections 103, 80, 61(2), 3(5) of the BNS, 2023.

3. As per the prosecution case, on 04.07.2024 in the morning, the informant received the information that her daughter namely Priya Kumari/deceased, has been killed by her in-laws family. Upon such information, informant along with her son went to the matrimonial home of the deceased and saw

Patna High Court CR. MISC. No.81140 of 2024(4) dt.08-05-2025 2/3 that her dead body was lying on the bed. It has been alleged that the petitioners along with other accused persons have killed the informant's daughter by pressing her neck and fled away. The informant has alleged that there was demand of dowry of Rs. 5 lakhs and other articles and due to non-fulfillment of the demand, the informant's daughter was tortured and ultimately killed by the accused persons. At the time of death, the informant's daughter was pregnant of about 6 months and her marriage was solemnized on March 2023.

4. Learned Counsel for the petitioners submits that petitioners have not committed any offence in the manner alleged and have falsely been implicated in the present case on the basis of general and omnibus allegations. Petitioner nos. 1 and 2 are cousin sister-in-law (gothni) and petitioner no. 3 is cousin father-in-law of the deceased. They have nothing to do with the day-to-day affairs of the family of the deceased's husband. They have been separated from the family much earlier. The deceased husband is in judicial custody.

5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that petitioners are the extended members of family of the deceased's husband, the allegation against them is general and omnibus in

Patna High Court CR. MISC. No.81140 of 2024(4) dt.08-05-2025 3/3 nature and the husband is in custody since 16.12.2024, I am inclined to grant the petitioners privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioners, above named, in the event of his arrest or surrender before the Court below within four weeks, be released 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 Additional Chief Judicial Magistrate, Darbhanga, in connection with Bahera Police Station Case No. 256 of 2018, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure/Section 482(2) of the BNSS, 2023.

(Anil Kumar Sinha, J) HarshPandey/- U T