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Patna High CourtCR. MISC./3386/2025bail granted

Indu Devi v. The State Of Bihar

2025-02-15Mr. Justice Harish Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3386 of 2025 Arising Out of PS. Case No.-94 Year-2024 Thana- KAJRA District- Lakhisarai ====================================================== 1.

Indu Devi Wife of Sanoj Modi Resident of Village- Arma, PS -Kajra , District- Lakhisarai 2.

Sibani Kumari Wife of Pradeep Kumar Resident of Village- Arma, PS -Kajra , District- Lakhisarai 3.

Sarsawati Kumari Wife of Sunil Bhagat @ Sunil Kumar Resident of VillageMirjapur, P.S.- Balia, Distt.- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Saurabh Kumar, Adv For the Opposite Party/s :

Mr. Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 15-02-2025 Heard the learned Advocate for the petitioners and the learned APP for the State.

2. The petitioners apprehend their arrest in connection with Kajra P.S. Case No. 94 of 2024, registered for the offences punishable under Section 80/3(5) of the B.N.S. Act.

3. It is alleged that the marriage of the daughter of the informant was solemnized with co-accused Guddu Kumar in the year 2018. It is alleged that after the marriage the deceased had been subjected to demand of dowry and on account of nonfulfillment of the same she was being tortured in various ways.

Patna High Court CR. MISC. No.3386 of 2025(2) dt.15-02-2025 2/3 The incident of torture was also uploaded by the informant's daughter on Instagram. On 19.09.2024 the informant came to know that his daughter has done to death.

4. Learned Advocate for the petitioners has contended that the petitioner no. 1 is mother-in-law of the deceased whereas the petitioner no. 2 is cousin sister-in-law and petitioner no. 3 is sister-in-law, who have been residing separately and no concerned with the day to day affairs of the deceased and her husband. In fact on the fateful day on account of some trifle between the husband and wife the deceased committed suicide, which fact is also corroborated with the postmortem report, that clearly opined that the cause of death is asphyxia by hanging. Referring to the impugned order the learned advocate for the petitioners further contended that some of the witnesses have also supported the factum of suicide. The petitioners are ladies having fair antecedent and they undertake before this Court that they will fully co-operate in the proceeding of the Court.

5. On the other hand, learned counsel for the State has vehemently opposed the pre-arrest bail application and submitted that the deceased has categorically disclosed in her video uploaded in the Instagram that it is the petitioner no. 1 and other family members who used to torture her.

Patna High Court CR. MISC. No.3386 of 2025(2) dt.15-02-2025 3/3

6. Regard being had to the submissions made on behalf of the parties and considering the post mortem report which suggest the case of hanging coupled with the fact that the petitioner are in-laws persons and the husband is behind the bar, let the petitioners above named be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Lakhisarai, in connection with Kajra P.S. Case No. 94 of 2024, subject to the conditions laid down in Section 438(2) Cr.P.C. with the further condition that one of the bailors shall be the own/close family members of the petitioners.

(Harish Kumar, J) Jyoti/- U T