Poonam Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84608 of 2025 Arising Out of PS. Case No.-138 Year-2021 Thana- KORANSARAI District- Buxar ====================================================== Poonam Devi Wife of Manoj Singh Resident of Village - Basgatiya, P.S. - Karansarai, District - Buxar.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kameshwar Singh, Advocate For the Opposite Party/s :
Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 05-01-2026 Heard the learned counsel for the petitioner and learned APP for the State.
2. Petitioner, who is in custody, seeks bail in connection with Koransarai P.S. Case No. 138 of 2021 registered for the offences punishable under Sections 304(B), 328, 120B/34 of the Indian Penal Code.
3. As per the prosecution case, the informant has alleged that her daughter was married to one Rajkumar on 22.05.2020 and that after the marriage, her father-in-law and mother-in-law were regularly demanding money. It is alleged that the informant's daughter was eight months pregnant and that the accused persons administered poison to her, as a result of which she died. It is further alleged that the informant and her family members were not informed by the in-laws of the
2/4 deceased and that they came to know about the incident through other persons. Thereafter, upon seeing the dead body of her daughter, the informant lost consciousness and subsequently the F.I.R. was lodged.
4. The learned counsel for the petitioner submits that the present F.I.R. is an afterthought. It is contended that the family members of the deceased were duly informed and that they had accompanied the victim for treatment, as she was eight months pregnant and had developed certain complications. The learned counsel further draws attention to the statement of the doctor before whom the deceased was taken for treatment, wherein it has been recorded in paragraph no. 14 of the case diary that the deceased was brought in a critical condition and was referred to Buxar for better treatment. It is further submitted that at the relevant time the informant and other family members were present. It is also submitted that even if the allegations made in the F.I.R. are taken at their face value, there is no specific allegation of overt act against the petitioner, who happens to be the mother-in-law of the deceased. Lastly, the learned counsel submits that the petitioner has clean antecedents and has been in custody since 23.08.2025.
5. The learned A.P.P. has vehemently opposed the
3/4 prayer for bail.
6. Considering the aforesaid submission, facts and circumstances of the case, let the petitioner, above named, 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 the learned court below where the case is pending/successor court in connection Koransarai P.S. Case No. 138 of 2021, subject to the following conditions:- (i) One of the bailors of the petitioner shall be his close relative and the other shall be local resident. (ii) The petitioner shall remain physically present in Court on each date of the trial.
(iii) In case of absence on two consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned. (iv) If the petitioner is found involved in similar nature of offence in future, the prosecution shall be at liberty to move for cancellation of his bail bond.
(v) The learned Court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the
4/4 petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
7. Accordingly, the prayer for bail is allowed.
8. It is made clear that the observation, if any, made in this order, shall be of no bearing during the trial. (Sourendra Pandey, J) aditya/- U T