Sheela Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3454 of 2025 Arising Out of PS. Case No.-562 Year-2023 Thana- NAANPUR District- Sitamarhi ====================================================== Sheela Devi, W/O Ram Karan Sahni, Resident of Village - Patnuka, P.SNanpur, Dist- Sitamarhi ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Y. Madhavi, Advocate For the State :
Ms. Rita Verma, APP For the informant :
Mr. Devendra Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 24-01-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State as well as learned counsel for the informant.
2. The petitioner apprehends arrest in connection with Nanpur P.S. Case No. 562 of 2023 dated 11.11.2023 instituted for the offence punishable under Sections 304(B)/34 of the Indian Penal Code.
3. The prosecution case, in short, is that the marriage of the daughter of the informant was solemnized with the son of the petitioner on 26.05.2023 as per Hindu rites and ritual and thereafter, she was being subjected to cruelty by the petitioner and other co-accused persons due to non-fulfillment of demand of motor-cycle and refrigerator in dowry. On 10.11.2023, the daughter of the informant had informed her that the accused persons are planning to kill her. On getting this information,
Patna High Court CR. MISC. No.3454 of 2025(2) dt.24-01-2025 2/3 the informant with some people went to her 'sasural' where she learnt that the accused persons have committed murder of her daughter. Petitioner is the mother-in-law of the deceased.
4. Learned counsel for the petitioner submits that the petitioner is innocent and she has been falsely implicated in this case. It is further submitted that the petitioner is the mother-in-law of the deceased. After solemnizing the marriage on 26.05.2023, the deceased was brought to her matrimonial house. It is submitted that the deceased stayed in her matrimonial house for about 10 years and thereafter returned to her parental house and remained there. It is further submitted that only prior to five days of the alleged occurrence, the deceased had come to her matrimonial house. It is also submitted that the deceased was having some illicit relation with a boy of her village for which a panchayat was also held and thereafter on the pressure of the panchayat, she was sent to the matrimonial house where she committed suicide.
Learned counsel for the petitioner further submits that from perusal of post-mortem report, which is annexure-2 at page 18, it appears that there is no external injury on the body of the deceased. The cause of death was mentioned due to asphyxia leading to CR failure as a result of hanging.
Patna High Court CR. MISC. No.3454 of 2025(2) dt.24-01-2025 3/3 the petitioner, has already been granted bail by this Court vide order dated 20.11.2024 passed in Criminal Miscellaneous No. 59126 of 2024. Lastly, it has been submitted that petitioner has no criminal antecedents.
5. On the other hand, learned A.P.P. for the State and learned counsel for the informant have opposed the prayer for anticipatory bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Nanpur P.S. Case No. 562 of 2023, he will be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Pupri, Sitamarhi, subject to condition as laid down under Section 438(2) of the Cr.P.C.
(Khatim Reza, J) premchand/- U T