Anju Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.87558 of 2024 Arising Out of PS. Case No.-325 Year-2024 Thana- SIMRI District- Buxar ====================================================== ANJU DEVI W/O SANTOSH CHOUDHARY VILLAGE- SIMRI (DUDHI PATTI), P.S.- SIMRI, DISTRICT- BUXAR ... ... Petitioner/s

Versus

THE STATE OF BIHAR PATNA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ravi Shankar Pathak, Adv.

For the Opposite Party/s :

Mr. Aditya Narayan Singh.1, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-12-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends her arrest in connection with Simri P.S. Case No. 325 of 2024 registered for the offences punishable under Sections 80(2), 3(5) of the Bharatiya Nyay Sanhita, 2023.

3. All the F.I.R. named accused persons including this petitioner, on non-fulfillment of demand of dowry, in furtherance of the common intention are said to have committed murder of the daughter of the informant after assaulting.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No such occurrence as alleged has ever taken place. She has falsely been implicated in this case due to ulterior motive. The allegation levelled against the petitioner is totally false and based on

Patna High Court CR. MISC. No.87558 of 2024(2) dt.19-12-2024 2/2 concocted facts. She has been made accused in the present case merely because she is mother-in-law of the deceased. The real fact is that the petitioner has been living separately from her son. She has no role in the alleged occurrence. There is no direct or indirect material available on record to indicate the complicity of the petitioner in the present case. It is evident from the postmortem report of the deceased that cause of death of the deceased is hanging which is also evident from the impugned order. It is further submitted that the husband of the deceased is already in judicial custody and has been languishing in custody since 18.11.2024. Learned counsel further submits that petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes the prayer for bail.

6. Considering the facts and circumstances of the case, the nature of the offence and particularly the fact that the informant's daughter died within 7 months of her marriage, I am not inclined to enlarge the petitioner on bail. The prayer for bail of the petitioner is hereby rejected.

7. Accordingly, the application stands dismissed. (Anjani Kumar Sharan, J) divyanshi/- U T