Sunita Devi v. The State of Bihar

Patna HC7 May 2025CR. MISC./28652/2025

Case brief

AI extract

What is this about?

Anticipatory bail allowed; Patna High Court; CR. MISC. No.28652 of 2025; decision dated 07-05-2025; Justice Satyavrat Verma; petitioners Sunita Devi and Kaushan Nandan Paswan; Bakhtiyarpur P.S. Case No. 550/2024, District Patna; offences under Sections 80 and 3(5) BNS; dowry-related torture allegation; death of informant's daughter on 19.09.2024; injury marks on neck; informant's counsel did not oppose; surrender/arrest within six weeks; bail bond Rs. 10,000 each with two sureties of like amount; Section 438(2) Cr.P.C. conditions.

What did the court decide?

Anticipatory bail granted to both petitioners upon arrest or surrender before the Court below within six weeks, on bail bonds of Rs. 10,000/- each with two sureties of the like amount each, subject to Section 438(2) Cr.P.C. conditions. ¶¶22

Sunita Devi Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioners, who apprehend arrest in Bakhtiyarpur P.S. Case No. 550/2024 registered for offences punishable under Sections 80 and 3(5) BNS, should be released on anticipatory bail.

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Court's answer

Considering the submissions made, the petitioners were directed to be released on anticipatory bail in the event of their arrest or surrender before the learned Court below within a period of six weeks.

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Ratio / Principle

Anticipatory bail to be on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each, to the satisfaction of the trial court where the case is pending, subject to the conditions laid down under Section 438(2) Cr.P.C.

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Detailed headnote1 paragraphs

ANTICIPATORY BAIL GRANTED — Patna High Court (Satyavrat Verma, J) allowed anticipatory bail to petitioners Sunita Devi and Kaushan Nandan Paswan, who apprehended arrest in Bakhtiyarpur P.S. Case No. 550/2024 (District Patna), registered for offences punishable under Sections 80 and 3(5) BNS. The case arose from the informant's allegation that his daughter, married to Deepak Paswan in 2018, was tortured for non-fulfilment of dowry demand and died on 19.09.2024 after reportedly falling from the roof, with injury marks on the neck giving rise to suspicion that she was killed by the accused persons. Petitioner no.1 was stated to be own sister of the deceased's husband and petitioner no.2 her husband, living separately from the deceased; the informant's counsel did not oppose the application. Bail ordered upon arrest or surrender within six weeks, on bonds of Rs. 10,000/- each with two sureties of the like amount, subject to Section 438(2) Cr.P.C. conditions.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.28652 of 2025

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Arising Out of PS. Case No.-550 Year-2024 Thana- BAKHTIYARPUR District- Patna

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

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Sunita Devi W/o- Kaushan Nandan Paswan Village- Gosai, Math, P.SHarnaut, District- Nalanda

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Kaushan Nandan Paswan S/o- Saryug Paswan Village- Gosai, Math, P.SHarnaut, District- Nalanda

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Mithlesh Kumar Gupta For the Opposite Party/s : Mr. Md. Iftekhar Mahmood ======================================================

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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

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2 07-05-2025

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Heard learned counsel for the petitioners and learned A.P.P. for the State along with learned counsel appearing on behalf of the informant Mr. Rahul Kumar.

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The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 80 and 3(5) BNS.

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Learned counsel for the petitioners submits that informant alleges that his daughter was married to Deepak Paswan in the year 2018. It is next alleged that his daughter was tortured by the accused persons for non-fulfillment of the demand of dowry, further the deceased had given birth to a child who presently is 5 years of age. It is further alleged that on

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Patna High Court CR. MISC. No.28652 of 2025(2) dt.07-05-2025 2/3

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19.09.2024, the informant received an information that his daughter had fallen from the roof of the house and as such she died, accordingly, the informant along with others rushed to the place of occurrence and found his daughter lying dead on the floor of the house and there were marks of injury on the neck of the deceased, thus based on suspicion alleged that his daughter was killed by the accused persons.

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The learned counsel for the petitioners submits that petitioner no.1 is own sister of the husband of the deceased and petitioner no.2 is husband of petitioner no.1. it is next submitted that petitioners are living separately and they do not have any concern with the day to day life of the deceased and her husband but then it is submitted that whenever any occurrence of the nature as alleged takes place, the entire family members are implicated in a mechanical manner.

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The learned counsel appearing on behalf of the informant also submits that he has instruction not to oppose the anticipatory bail application of the petitioners.

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Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on

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Patna High Court CR. MISC. No.28652 of 2025(2) dt.07-05-2025 3/3

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anticipatory bail on furnishing bail bonds of Rs.10,000/(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned trial court where the case is pending/successor court in connection with Bakhtiyarpur P.S. Case No.550/2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

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(Satyavrat Verma, J)

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amit/-

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U T

Sunita Devi v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Sunita Devi v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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