Usha Devi @ Asha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77849 of 2025 Arising Out of PS. Case No.-331 Year-2024 Thana- BHARGAMA District- Araria ====================================================== 1.

Usha Devi @ Asha Devi W/o- Dharmendra Choudhary R/v- Manullahpatti W.No-6, Ps- Bhargama Dist- Araria 2.

Rekha Devi w/o- Late Vilash Choudhary R/v- Manullahpatti W.No-6, PsBhargama Dist- Araria 3.

Madhu Devi w/o- Dharvindar Chaudhari @ Jamendra Chaudhary R/vManullahpatti W.No-6, Ps- Bhargama Dist- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukesh Kumar Rana For the Opposite Party/s :

Mr. Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 23-12-2025

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 Bhargama Police Station Case No. 331 of 2024, dated 02.11.2024, disclosing offences under Sections 80/61(2)/3(5) of the Bhartiya Nyaya Sanhita.

3. That the prosecution case, as per First Information Report, is that the marriage of informant's daughter, namely, Ranjan Kumari, was solemnized with Rabindra Chaudhary in the year 2023. It is alleged that on 01.11.2024, informant's son-in-law informed him that his daughter had died. Whereupon the informant went to her

2/4 daughter's matrimonial home and found his daughter lying dead. It has further been alleged that the accused persons named in the F.I.R. had murdered his daughter by strangulation.

4. Learned counsel for the petitioners submits that the petitioner nos. 1 and 3 are gotni (sister-in-law) and petitioner no. 2 is mother-in-law of the deceased and they have falsely been implicated in the present case due to suspicion and ill motive. He next submits that deceased has committed suicide as relationship between the deceased and her husband-Rabindra Choudhary was not cordial. The petitioners are separate in their mess, courtyard and land since long.

5. I have heard learned counsel for the parties and have perused the materials available on record.

6. From perusal of the impugned order, it appears that within two years of marriage the deceased has died in her matrimonial home. There is allegation of demand of dowry. The nature of the death is not important whether it is homicidal, suicidal or accidental, but the fact is that deceased has died an unnatural death within two years of her marriage. There is presumption against the accused

3/4 persons under Section 117 and 118 of the Bharatiya Sakshya Adhiniyam. The petitioner no. 2 is mother-in-law and there is allegation against her that she, alongwith others, demanded dowry from the deceased. Accordingly, I am not inclined to grant the petitioner no. 2 the privilege of anticipatory bail.

7. The bail application in respect of the petitioner no. 2 stands dismissed.

8. In so far as the petitioner nos. 1 and 3 are concerned, they are gotni (sister-in-law) of the deceased and allegations against them are general and omnibus in nature, accordingly, I am inclined to grant privilege of anticipatory to the petitioner nos. 1 and 3.

9. The bail application in respect of petitioner nos. 1 and 3 is, accordingly, allowed.

10.Let the petitioner nos. 1 and 3, Usha Devi @ Asha Devi and Madhu Devi, in the event of their 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 Judicial Magistrate Fist Class, Araria, in connection with Bhargama Police Station Case

4/4 No. 331 of 2024, subject to the condition laid down under Section 482 (2) of the Bhartiya Nagrik Suraksha Sanhita, 2023.

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