Punam Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.277 of 2025 Arising Out of PS. Case No.-322 Year-2023 Thana- KUSHESHWARASTHAN DistrictDarbhanga ====================================================== 1.
Punam Devi W/o Dunilal Ray R/o vill - Sughrain, P.s.- Kusheswarsthan (Tilkeshwar O.P.), Distt.- Darbhanga 2.
Dunilal Ray S/o Late Bhola Ray R/o vill - Sughrain, P.s.- Kusheswarsthan (Tilkeshwar O.P.), Distt.- Darbhanga ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioners :
Mr. Baidyanath Prasad, Advocate For the State :
Mr. Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-02-2025 Heard learned counsels for the parties.
2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 304B, 201 and 34 of the Indian Penal Code.
3. It is a case of "dowry death". The prosecution case, in brief, is that marriage of daughter of informant was solemnized with co-accused Nitish Kumar six months ago. It is alleged that after marriage, all the accused persons, including these petitioners, started demanding dowry and due to nonfulfillment of the same, daughter of informant was tortured and harassed. It is alleged that on 24.09.2023 when informant called her daughter her phone was switched off and when informant
Patna High Court CR. MISC. No.277 of 2025(3) dt.11-02-2025 2/3 reached the matrimonial house of her daughter she got informant that her daughter is traceless. On search, informant got information that a dead body is lying near Futiya Swis Gate near Kamla River and when informant reached there, she identified that the dead body is of her daughter. Informant alleges that all the accused persons, including these petitioners, killed her daughter and threw her body in river.
4. It is submitted by learned counsel for the petitioners that petitioners are innocent and has committed no offence. Petitioners have falsely been implicated in this case merely because they happen to be mother-in-law and father-in-law of the deceased. Petitioners are victim of over implication. There is no specific allegation of demand of dowry or torture. Petitioners are separate in mess & property and has got no concern with the affairs of the deceased and her husband. Thrust of accusation is against husband of the deceased, who is already in custody since 07.02.2025. Petitioners claim clean antecedents.
5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioners.
6. Considering the aforesaid facts and circumstances, the prayer for grant of anticipatory bail to the petitioners is
Patna High Court CR. MISC. No.277 of 2025(3) dt.11-02-2025 3/3 allowed.
7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioners be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned J.M.F.C.-1st, Biraul, Darbhanga in connection with Kusheswarsthan (Tilekeswar O.P.) P.S. Case No. 322 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) shashank/- U T