Kalwa Devi @ Chandrakala Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1271 of 2025 Arising Out of PS. Case No.-226 Year-2024 Thana- JANDAHA District- Vaishali ====================================================== Kalwa Devi @ Chandrakala Devi W/o- Pradeep Rai Village- Mahisaur PsJan Daha Mahisaur Dist- Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nachiketa Jha, Advocate For the State :
Mrs. Pushpa Sinha, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 02-05-2025 Heard learned counsel for the petitioner and the learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Jandaha (Mahisaur) P.S. Case No. 226 of 2024, registered for the offences punishable under Sections 80, 238, 3(5) of the B.N.S., 2023.
3. The prosecution case in brief is that the daughter of the informant, namely, Pramila Kumari was married to one Rajnish Kumar, who is the son of the petitioner and it is alleged that after the marriage, the son-in-law of the informant, started demanding a motorcycle and golden chain and later on 10.07.2024, the informant came to know that the named accused persons including the petitioner have killed his daughter and her dead body is traceless.
Patna High Court CR. MISC. No.1271 of 2025(4) dt.02-05-2025 2/3
4. Learned counsel for the petitioner submits that the petitioner is the mother-in-law of the deceased and she is having living separately in mess and business from the deceased and along with her husband. It is further submitted by the learned counsel for the petitioner that there is general and omnibus allegation of torture for demand of dowry. The learned counsel for the petitioner also submits that though the occurrence is said to have taken place on 10.07.2024, however, the present case was lodged on the next day, i.e., on 11.07.2024 as an afterthought. The learned counsel has further submitted that during the course of investigation, the witnesses have stated that the deceased had severe stomach pain and while she was being taken to the hospital, she died on the way.
5. Learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner and has stated that the petitioner being the mother-in-law of the deceased cannot shy away from the fact that there is no explanation as to the whereabouts of the deceased.
6. Considering the aforesaid submissions made by the respective parties and taking into account the fact that the petitioner is the mother-in-law and no specific overt act has been attributed towards the petitioner and also taking into
Patna High Court CR. MISC. No.1271 of 2025(4) dt.02-05-2025 3/3 consideration the fact that the husband of the deceased namely, Rajnish Kumar is in custody and the husband of the petitioner has been granted regular bail by this Court vide order dated 23.04.2025, passed in Criminal Misc. No. 484 of 2025, I am inclined to grant the petitioner privilege of regular bail.
7. Accordingly, the prayer for bail is allowed.
8. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, 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 learned Additional Chief Judicial Magistrate-VII, Vaishali at Hajipur, in connection with Jandaha (Mahisaur) P.S. Case No. 226 of 2024.
(Sourendra Pandey, J) Siwani/- U T