Javamuni Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77486 of 2025 Arising Out of PS. Case No.-1 Year-2023 Thana- MAHILA P.S. District- Rohtas ====================================================== Javamuni Devi W/O Late Chunnilal Resident of Village- Bakri Hat, Near Ice Factory P.S. Jhariya District- Dhanbad ... ... Petitioner/s

Versus

1.

The State of Bihar Patna 2.

Phulkumari Devi W/O Suresh Kumar Pasi, D/O Late Indradeo Chaudhary R/O Vill.- Dhaudarh, Maraitta, P.S.- Mufassil, Dist.- Rohtas. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shashi Kant For the Opposite Party/s :

Mr .Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 11-11-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending her arrest in connection with Mahila P.S. Case No. 01/2023 dated 04.01.2023 registered for the offences punishable under Sections 323, 498A, 379 read with 34 of the Indian Penal Code and Sections 3 & 4 of the D.P. Act.

3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have tortured the informant mentally and physically due to non-fulfillment of demand of dowry.

4. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.77486 of 2025(2) dt.11-11-2025 2/3 that the petitioner has falsely been implicated in this case. There is general and omnibus allegation against the petitioner who is mother-in-law of the informant. The petitioner neither demanded any dowry nor tortured the informant. The petitioner has relied upon the judgment of this Court in the case of "Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182." Learned counsel has further submitted that Section 498A of the IPC is triable by the Magistrate. Learned counsel has further relied on the judgments in the case of Satendra Kumar Antil Vs. Central Bureau of Investigation and Another (2022) 10 SCR 351 and Md. Asfak Alam Vs. The State of Jharkhand & Anr passed in Criminal Appeal No(s). 2207 of 2023 arising out of Special Leave Petition (CRL.) No. 3433 of 2023. The petitioner has no criminal antecedent as stated in para 3 of the bail petition.

5. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs.

Patna High Court CR. MISC. No.77486 of 2025(2) dt.11-11-2025 3/3 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Sasaram, Rohtas in connection with Mahila P.S. Case No. 01/2023, subject to conditions as laid down under section 482(2) of the B.N.S.S,

8. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T