Shanti Devi Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2024)

Shanti Devi Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail granted to petitioner Shanti Devi; release on arrest/surrender within four weeks of receipt of order upon furnishing bail of Rs. 10,000/- with two sureties of the like amount each before the Chief Judicial Magistrate, Purnea, subject to Section 438(2) Cr.P.C. conditions and four additional imposed conditions.

Issue for consideration

Whether anticipatory bail should be granted to petitioner Shanti Devi (mother-in-law), who apprehends arrest in connection with Barhara (Raghuvanshnagar O.P) P.S. Case No. 354 of 2023 registered under sections 304(B)/34 IPC.

Court's answer

Taking into account that the husband is in custody, the petitioner is a mother-in-law without criminal antecedent, the FIR is lodged and she will face the trial, this court was inclined to extend her the privilege of bail.

Ratio / Principle

On arrest or surrender within four weeks from receipt of the order, the petitioner shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) with two sureties of the like amount each, to the satisfaction of the Chief Judicial Magistrate, Purnea, subject to Section 438(2) Cr.P.C. conditions and additional conditions (bona fide family-member bailor, attendance at trial, no tampering with witnesses/evidence, no fresh offences).

Detailed headnote1 paragraphs

Anticipatory bail granted to Shanti Devi (mother-in-law of the deceased) apprehending arrest in Barhara (Raghuvanshnagar O.P) P.S. Case No. 354 of 2023 (District Purnia), an offence under sections 304(B)/34 IPC (dowry death) lodged on 12.10.2023 by informant Babita Devi. Grounds relied upon by Justice Rajiv Roy: husband already in custody since 21.12.2023, petitioner living separately with no criminal antecedent, FIR lodged, trial ahead. Bail fixed at Rs. 10,000/- with two sureties of the like amount each before the Chief Judicial Magistrate, Purnea, subject to Section 438(2) Cr.P.C. conditions plus: one bailor to be a family member producing official bona fide documentation; appearance on every trial date (two consecutive unexplained absences entail cancellation by Trial court); no inducement/threat to witnesses or tampering with evidence; and desistance from further offences, failing which the State may seek cancellation.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.28857 of 2024

Arising Out of PS. Case No.-354 Year-2023 Thana- BARHARA KOTHI District- Purnia

======================================================

Shanti Devi Wife of Pradeep Mandal Resident of Village- Orlaha Ward No. 2, P.S.- Barahara Kothi (Raghuvanshnagar O.P.), District- Purnea

... ... Petitioner/s

Versus

The State of Bihar Patna

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ranjay Kumar Singh, Advocate For the Opposite Party/s : Mrs.Anita Kumari, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE RAJIV ROY

ORAL ORDER

2 15-05-2024

Heard learned Counsel for the petitioner and learned

APP for the State.

2. The petitioner apprehends his arrest in connection with Barahara (Raghuvanshnagar O.P) P.S. Case No. 354 of 2023 for the offence registered under sections 304(B)/34 of the Indian Penal Code lodged on 12.10.2023 by the informant Babita Devi.

3. As per the prosecution story, the informant alleged that the informant got married to Rakesh Mandal in the year 2021 but was always tortured for dowry and on 11.10.2023, the locals informed that her daughter is death. When they came to the in-laws house saw her dead body with black mark on the neck. Accordingly, the police was called and FIR lodged.

4. Learned Counsel for the petitioner submits that it

Patna High Court CR. MISC. No.28857 of 2024(2) dt.15-05-2024 2/3

was a case of suicide, an unfortunately incident and now the inlaws have been implicated. The husband is in custody since 21.12.2023 (as stated in paragraph-15 of the petition). This petitioner is the mother-in-law, living separately from the couple and had no role to play.

5. Learned APP for the State, on the other hand, opposes the prayer for anticipatory bail stating that the allegation is also against the mother-in-law.

6. Taking into account the aforesaid facts, the husband is in custody, she is a mother-in-law, do not have criminal antecedent, FIR lodged and he will be facing the trial, this court is inclined to extend her the privilege of bail

7. Let the petitioner in the event of arrest or surrender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Purnea in connection with Barhara (Raghuvanshnagar O.P.) P.S Case No. 354 of 2023 subject to condition as laid down under Section 438(2) of the Cr.P.C.

(i) one of the bailor should be the family member of the petitioner, who shall provide official document to show her

Patna High Court CR. MISC. No.28857 of 2024(2) dt.15-05-2024 3/3

bona fide ;

(ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of her bail bond by the Trial court itself;

(iii) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(iv) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds.

(Rajiv Roy, J)

Jagdish/-

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