Laxmi Devi @ Reshmi Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76915 of 2025 Arising Out of PS. Case No.-300 Year-2024 Thana- KASIMBAZAR District- Munger ====================================================== 1.
Laxmi Devi @ Reshmi Devi W/o Deepak Singh @ Deepak Kumar Singh @ Deepak Kumar R/o - Argarha Road Kasim Bazar, Lallu Pokhar, P.s - Kasim Bazar, District - Munger 2.
Deepak Singh @ Deepak Kumar Singh @ Deepak Kumar S/o Basudeo Singh R/o - Argarha Road Kasim Bazar, Lallu Pokhar, P.s - Kasim Bazar, District - Munger ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjiv Kumar Singh, Advocate For the Opposite Party/s :
Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 27-11-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest in connection with Kasim Bazar P.S. Case No. 300 of 2024, dated 20.10.2024, registered for the offences punishable under Sections 80 and 61 read with Section 3(5) of the B.N.S., 2023.
3. As per allegation in the FIR, the daughter of the informant was done to death on account of non-fulfillment of demand of dowry.
4. Learned counsel for the petitioners submits that the deceased was suffering from stomach pain as she had given birth to a child three months back, for which she was taken to a
Patna High Court CR. MISC. No.76915 of 2025(2) dt.27-11-2025 2/3 hospital for treatment by the family of her husband and as a matter of fact, she died her natural death and only after her death, the present case has been lodged for oblique purposes making the entire family as accused. It is pointed out that there was never any dowry demand nor any cruelty meted out to the deceased and so far as the petitioners are concerned, they were staying separately from the deceased and from her husband. It is further submitted that during the post-mortem examination (Annexure-3), the cause of death could not be ascertained, however, the viscera was preserved for chemical examination, but the FSL report also indicated that no metallic, alkaloidal or volatile poison could be detected in the fluid, which would be indicative of any foul play.
5. Learned Additional Public Prosecutor for the State on the other hand vehemently opposes the prayer for grant of anticipatory bail to the petitioners.
6. Taking into consideration the facts and circumstances of the case and further considering the fact that the petitioners are married sister-in-law and brother-in-law of the deceased staying separately from the deceased and her husband and also considering the fact that no poison etc. could be detected, coupled with the fact that no cause of death could be
Patna High Court CR. MISC. No.76915 of 2025(2) dt.27-11-2025 3/3 ascertained in the post-mortem examination and the FSL report also shows no volatile poison, let the petitioners, above-named, in the event of their arrest or surrender before the Court concerned within a period of four weeks, be released on anticipatory bail, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Munger, in connection with Kasim Bazar P.S. Case No. 300 of 2024, subject to the conditions laid down under Section 438(2) of the Cr.P.C. / Section 482(2) of the BNSS. (Soni Shrivastava, J) Shahnawaz/- U T