Etavariya Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85645 of 2024 Arising Out of PS. Case No.-482 Year-2022 Thana- MANER District- Patna ====================================================== 1.
Etavariya Devi Son of Late Dukhan Manjhi Village- Pandepur Tilhari, P.S.- Maner, District- Patna 2.
Poonam Devi Wife of Ravi Manjhi Village- Pandepur Tilhari, P.S.- Maner, District- Patna 3.
Ravi Manjhi Son of Late Dukhan Manjhi Village- Pandepur Tilhari, P.S.- Maner, District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anil Kumar Choudhary, Advocate For the Opposite Party/s :
Mr. Anish Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 13-05-2025 Heard Learned Counsel for the petitioners and Learned APP for the State.
2. The present criminal miscellaneous application has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as 'the BNSS, 2023') for grant of anticipatory bail to the petitioners who apprehend arrest in connection with Maner P.S. Case No. 482 of 2022, lodged on 13.07.2022, under Section 304B/34 of the Indian Penal Code.
3. As per the prosecution, the informant has lodged the present case intimating that she received information on 10.07.2022 at about 8:00 'O' Clock that her daughter died and
Patna High Court CR. MISC. No.85645 of 2024(3) dt.13-05-2025 2/3 dead body is kept in the room then the informant reached there and found dead body of her daughter. Thereafter, she has performed the last rites of her daughter and, after three days she lodged the FIR apprehending that in-laws family killed her daughter for demand of dowry.
4. Learned Counsel for the petitioners submits that the petitioners are innocent and have committed no offence. Counsel submits that petitioners are mother-in-law, Gotni and Bhaisur. Counsel submits that all are residing differently from the deceased and her husband. It has been submitted that after seeing the dead body no information was provided and last rites were performed and subsequently after three days this criminal case has been lodged. Counsel submits that the husband of the deceased was arrested and subsequently granted bail by a coordinate Bench of this Court vide order dated 15.04.2025 passed in Cr. Misc. No.78185 of 2024. Counsel submits that antecedent of the petitioners are clean.
5. Learned APP for the State opposes the prayer for bail of the petitioners.
6. As such, in the present facts and circumstances of this case, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the
Patna High Court CR. MISC. No.85645 of 2024(3) dt.13-05-2025 3/3 learned Court below within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) each as mentioned in Section 2(1)(d) of the BNSS, 2023 to the satisfaction of Miss Priya Kumari, Judicial Magistrate 1st Class, Danapur, in connection with Maner P.S. Case No.482 of 2022, subject to the conditions as laid down U/s 482(2) of the BNSS, 2023.
(Dr. Anshuman, J) Mkr./- U T