Sujanti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84473 of 2024 Arising Out of PS. Case No.-62 Year-2024 Thana- FESHAR District- Aurangabad ====================================================== Sujanti Devi Wife of Dinesh Yadav R/O Vill.- Theghawa, P.S.- Feshar, Dist.- Aurangabad.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Rita Devi Wife of Late Manoj Yadav R/O Vill.- Khatig, P.S.- Chhatarpur, Dist.- Palamu (Jharkhand) ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranjit Kumar, Advocate For the Opposite Party/s :

Ms. Meena Singh, APP For the Informant :

Mr. Rakesh Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 07-02-2025 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. Perused the case diary.

2. The petitioner apprehends her arrest in connection with Fesar P.S. Case No. 62 of 2024 instituted for the offences under Sections 341, 323, 504, 506, 498A of the Indian Penal Code and 3/4 of the Dowry Prohibition Act. Later on, Section 304B/34 of the Indian Penal Code was added.

3. Prosecution case, in short, is that the petitioner alongwith the family members tortured and killed the deceased for the non-fulfillment of demand of dowry.

4. Learned counsel for the petitioner submitted that the

Patna High Court CR. MISC. No.84473 of 2024(3) dt.07-02-2025 2/3 petitioner is lady and is innocent and has falsely been implicated in the present case. Petitioner is the mother-in-law of the deceased. Learned counsel for the petitioner submits that general and omnibus allegation has been made against the petitioner. No specific overt act is alleged against the petitioner. Learned counsel further submitted that petitioner is separate in mess and business and has got no concern in the family affairs of the deceased and her husband. Husband of the deceased is already in custody. It has been submitted on behalf of the petitioner that the petitioner has no criminal antecedent.

5. Learned A.P.P. for the State and learned counsel for the informant have vehemently opposed the prayer for grant of bail to the petitioner. Learned APP further submitted that there is specific allegation against the petitioner that he along with her son assaulted the deceased as a result of which she sustained injuries and died later. The prosecution case is further corroborated by the postmortem report. Learned APP, therefore, prays that petitioner may not be released on bail.

6. Considering the aforesaid facts and circumstances of the case, specific allegation against the petitioner of assaulting the deceased which is further supported by the postmortem report, this Court is not inclined to grant bail to the

Patna High Court CR. MISC. No.84473 of 2024(3) dt.07-02-2025 3/3 petitioner.

7. Accordingly, the prayer for grant of anticipatory bail to the petitioner is, hereby, rejected.

8. However, liberty is granted to the petitioner to surrender before the court below within a period of six weeks and seek regular bail. If any such application is filed, learned court below shall consider the same on its own merit, without being prejudiced by this order.

(Rudra Prakash Mishra, J) Alok Verma/- U T