Allowed

Urmila Devi v. The State of Bihar

Patna HC17 Jan 2025CR. MISC./2014/2025

Case brief

AI extract

What is this about?

Anticipatory bail sought by the petitioner's mother-in-law in a dowry-death case where the post-mortem attributed death to cardiac arrest. Finding no specific allegation or overt act against her and noting her clean antecedents, the court directed release on bail on surrender within thirty days, subject to CrPC/BNSS conditions.

What did the court decide?

Anticipatory bail: release on furnishing Rs. 10,000 bail bond with two sureties on arrest/surrender within 30 days, subject to statutory and additional conditions.

Urmila Devi Vs The State of Bihar — Dowry and Cruelty | Patna HC (2025)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.2014 of 2025

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Arising Out of PS. Case No.-481 Year-2021 Thana- LAHERIYASARAI District- Darbhanga

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URMILA DEVI W/o Late Baidhnath Mahto @ Baijnath Mahto R/o Mohalla - Alinagar, P.S. - L.N.M.U., Distt. - Darbhanga

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance :

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For the Petitioner/s : Mr. Kedar Jha, Advocate For the Opposite Party/s : Mr. Satyendra Narayan Singh, APP

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

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CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER

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2 17-01-2025 Heard Mr. Kedar Jha, learned counsel for the

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petitioner and Mr. Satyendra Narayan Singh, learned Additional Public Prosecutor for the State.

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The petitioner is apprehending his arrest in connection with Laheriasarai P.S. Case No. 481 of 2021, F.I.R. dated 04.10.2021 for the offences punishable under Sections 313/304B/34 of the Indian Penal Code.

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According to prosecution case, due to nonfulfillment of the demand of dowry, the daughter of the informant was killed by the accused persons.

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Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case merely on the ground that petitioner is mother in law of the deceased. He further submits

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Patna High Court CR. MISC. No.2014 of 2025(2) dt.17-01-2025 2/3

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that from a bare perusal of the FIR it appears that there is no specific allegation the petitioner and it appears that the FIR has been instituted after more than two month of the date of occurrence. He further submits that the deceased has died during treatment and the post-mortem report ascertain the cause of death as Cardiac Arrest.

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Learned Additional Public Prosecutor for the State, on the other hand, has vehemently opposed the prayer for bail of the petitioner.

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Considering the aforesaid facts that the petitioner having clean antecedent and there is no specific allegation of any assault or overt act against the petitioner and the postmortem report does not support the allegation as alleged in the FIR, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Darbhanga in connection with Laheriasarai P.S. Case No. 481 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of B.N.S.S., 2023 and with

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Patna High Court CR. MISC. No.2014 of 2025(2) dt.17-01-2025 3/3

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other following conditions:-

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i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

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ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

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iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

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(Rajesh Kumar Verma, J)

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ajay/-

Urmila Devi v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Urmila Devi v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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