Prem Kumari @ Prema Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83131 of 2024 Arising Out of PS. Case No.-100 Year-2024 Thana- NAYA RAM NAGAR District- Munger ====================================================== 1.

Prem Kumari @ Prema Devi W/O Balmiki Prasad Tiwari @ Balmiki @ Prakash Mandal @ Balmiki Prasad Resident of Village- Barai Chak, Patam, P.S- Naya Ram Nagar, District- Munger.

2.

Prakash Mandal @ Balmiki @ Balmiki Prasad Tiwari S/O Hari Prasad Mandal Resident of Village- Barai Chak, Patam, P.S- Naya Ram Nagar, District- Munger.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md Fazle Karim For the Opposite Party/s :

Mr.Arvind Kumar Pandey ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 09-07-2025 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 80(2) and 3(5) of the B.N.S.

3. Allegation in the first information report is that the daughter of the informant has been done to death on account of non-fulfillment of demand of dowry by the accused persons.

4. Learned counsel for the petitioners submits that the petitioners are the mother-in-law and father-in-law of the deceased aged about 70 and 74 years. The first information report itself indicates that it was actually the petitioner no. 1

Patna High Court CR. MISC. No.83131 of 2024(5) dt.09-07-2025 2/3 who had informed the brother of the deceased that his sister had committed suicide by hanging herself. It has also been submitted that after the deceased hanged herself, she was immediately taken to the hospital where she received treatment and it is only during treatment that she died. The dead body was also subjected to postmortem examination where opinion of the doctor was death due to asphyxia caused by strangulation. Further submission is that the thrust of the allegation is against the husband and the deceased had actually committed suicide after having hot exchange of word with her husband. It has further been submitted that the husband of the deceased has surrendered and he is in custody.

5. Learned APP for the State has opposed the application for anticipatory bail.

6. Considering all the above mentioned facts and circumstances and also considering the fact that the husband of the deceased who primarily responsible for the welfare of the wife has surrendered and is in custody, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like

Patna High Court CR. MISC. No.83131 of 2024(5) dt.09-07-2025 3/3 amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Naya Ramnagar P.S. Case No. 100 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C./482(2) of the B.N.S.S.

7. However, the learned court concerned before accepting the bail bonds would verify the fact as to whether the husband of the deceased is in custody or not. (Soni Shrivastava, J) devendra/- U T