Sharda Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.89933 of 2024 Arising Out of PS. Case No.-61 Year-2024 Thana- DHANGAI District- Gaya ====================================================== Sharda Devi Wife of Chandrika Yadav village- Rebda Tola Naika, PsDhangai, Dist- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Binod Kumar Sinha, Adv.

For the Opposite Party/s :

Mr. Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 10-01-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends her arrest in connection with Dhanjai P.S. Case No. 61 of 2024 registered for the offences punishable under Sections 304(B)/34 of the Indian Penal Code.

3. As per prosecution case, the accusation against the accused persons including the petitioner is of assaulting the deceased for non-fulfillment of demand of dowry.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. The petitioner is the married Nanad of the deceased and lives

Patna High Court CR. MISC. No.89933 of 2024(2) dt.10-01-2025 2/3 separately from the bridegroom. He further submits that there is no specific or direct allegation of any overt act against the petitioner rather the same is against the husband of the deceased who is already in judicial custody. He further submits that both the bridegroom lived separately and there was a hot discussion and quarrel between them for the affairs of the husband with another girl and, due to this, the victim has committed suicide by hanging herself. The petitioner has no concern with the alleged occurrence. The husband of the deceased Guddu Kumar has voluntarily surrendered on 28.06.2024 and, since, then, he is languishing in custody. The petitioner is a lady and has four children. The petitioner has no criminal antecedent as has been stated in paragraph no.3 of the present anticipatory bail application.

5. Learned counsel for the petitioner further submits that the co-accused Muniya Devi @ Muni Devi has been granted regular bail by this Court vide order dated 13.11.2024 passed in Cr. Misc. No. 79726 of 2024.

6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

7. Considering the entire facts and circumstances of the case and taking into account the submissions made by the

Patna High Court CR. MISC. No.89933 of 2024(2) dt.10-01-2025 3/3 learned counsel for the petitioner and the petitioner being lady, let the petitioner above-named, in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees 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 with Dhanjai P.S. Case No. 61 of 2024, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S.

(Rudra Prakash Mishra, J) rishi/- U T