Geeta Devi @ Gita Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90409 of 2025 Arising Out of PS. Case No.-194 Year-2025 Thana- Lakho District- Begusarai ====================================================== 1.
Geeta Devi @ Gita Devi Wife of Late Dilip Sah R/o Village - Khatopur, Lalu Nagar(Lalo Nagar), P.S. - Lakho, District - Begusarai. 2.
Deepak Sah @ Dipak Sah @ Dipak Kumar Son of Late Dilip Sah R/o Village - Khatopur, Lalu Nagar(Lalo Nagar), P.S. - Lakho, District - Begusarai.
3.
Manisha Devi @ Manisha Kumari @ Manisha Gupta D/o Late Dilip Sah, Wife of Putul Kumar @ Pawan @ Putul Kumar Gupta @ Pawan Gupta @ Putul R/o Village - Khatopur, Lalu Nagar(Lalo Nagar), P.S. - Lakho, District - Begusarai.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioners :
Mr. Sandip Kumar Gautam, Advocate For the State :
Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-03-2026 Heard learned counsel appearing on behalf of the petitioners and learned APP appearing on behalf of the State.
2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 108 and 3(5) of the B.N.S..
3. The prosecution case, in brief, is that marriage of son of informant, namely Putul Kumar, was solemnized with Petitioner No. 3, namely Manisha Devi, in the year 2007 and both of them had two children out of their wedlock. It is alleged that Petitioner No. 3 had illicit relations with one Shyam Mahto
2/4 and when the same was opposed, she eloped with Shyam Mahto on 07.07.2025 and after social pressure, she came back on 08.07.2025. Thereafter, the complaint complained about the entire incident to Petitioner No. 1, who happens to be mother of Petitioner No. 3 and Petitioner No. 1 told him to send her daughter and son of informant to Begusarai and accordingly, he sent his son and daughter-in-law to Begusarai. On 12.07.2025 at about 9 AM, Petitioner No. 2, who happens to be son of Petitioner No. 1 and brother of Petitioner No. 3, informed the informant that his son has died and they are sending his dead body for post mortem. However, when the informant reached Begusarai, the accused persons had already taken the dead body of this son for cremation and the informant, with the help of police, took the dead body of his son to Darjeeling. Informant believes that all the F.I.R. named accused persons, including these petitioners, have mentally harassed his son and killed him.
4. It is submitted by learned counsel appearing on behalf of the petitioners that petitioners are quite innocent and have committed no offence. Informant is not an eye witness to the occurrence. Petitioner No. 1 happens to be mother-in-law, Petitioner No. 2 happens to be brother-in-law and Petitioner No. 3 happens to be wife of the deceased. As a matter of fact, the
3/4 deceased committed suicide and petitioners have falsely been implicated in this case merely on suspicion. There is no material on record to suggest any active or direct role played by these petitioners in agitating the deceased to commit suicide. The present F.I.R. has been lodged after inordinate delay of 68 days and there is no plausible explanation for the same, which itself makes the entire prosecution case doubtful. Even as per post mortem report, case of death is Asphyxia as a result of hanging.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioners.
6. Considering the facts and circumstances of the case, general and omnibus nature of accusation, materials available on record and delay in lodging of the F.I.R., the prayer for grant of anticipatory bail to the petitioners is 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 Judicial Magistrate, 1st Class, Begusarai in connection with Lakho P.S. Case No. 194 of 2025, subject to condition as laid down under Section 482(2)
4/4 of the B.N.S.S..
(Prabhat Kumar Singh, J) shashank/- U T