Rupa Kumari @ Anshu Devi Vs The State Of Bihar — Anticipatory Bail | Patna HC (2025)

Rupa Kumari @ Anshu Devi Vs The State Of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted to both petitioners, effective upon arrest/surrender within six weeks, on a bail-bond of Rs. 20,000/- (Rupees Twenty thousand) each with two sureties of the like amount each, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

Issue for consideration

Whether the petitioners, who apprehend arrest in connection with Jandaha P.S. Case No. 168/2024 dated 31.05.2024 (offences punishable under Sections 304B and 201 read with Section 34 IPC, alleging dowry killing of the informant's daughter for non-fulfilment of demand of motorcycle), are entitled to be enlarged on anticipatory bail.

Court's answer

In the event of arrest or surrender within six weeks, the petitioners are to be enlarged on anticipatory bail on furnishing a bail-bond of Rs. 20,000/- (Rupees Twenty thousand) each with two sureties of the like amount each, to the satisfaction of the court concerned at Vaishali at Hajipur in connection with Jandaha P.S. Case No. 168/2024, subject to the conditions laid down under Section 438(2) CrPC.

Ratio / Principle

The anticipatory bail application stands allowed.

Detailed headnote1 paragraphs

Anticipatory bail granted (Chandra Prakash Singh, J., Patna High Court, order dated 02-07-2025, Crl. Misc. No. 36131 of 2025) to two women petitioners — described by counsel as the sister-in-law and mother-in-law of the deceased — apprehending arrest in Jandaha P.S. Case No. 168/2024 dated 31.05.2024, Vaishali, registered under Sections 304B and 201 read with Section 34 IPC for the alleged dowry killing of the informant's daughter over non-fulfilment of a demand for a motorcycle. Counsel urged that the allegations against the petitioners were general and omnibus, that they neither demanded dowry nor tortured the deceased, that co-accused had already been bailed by a co-ordinate bench (order dated 22.10.2024 in Cr. Misc. No. 70580/2024), and that the petitioners had no criminal antecedents. Bail ordered to operate upon arrest or surrender within six weeks, on a bail-bond of Rs. 20,000/- each with two like-amount sureties, subject to Section 438(2) CrPC conditions.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.36131 of 2025

Arising Out of PS. Case No.-168 Year-2024 Thana- JANDAHA District- Vaishali

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

Rupa Kumari @ Anshu Devi D/O Bharat Paswan Resident of VillageMukundpur Bhath, Police Station- Jandaha, District- Vaishali.

Sunita Devi @ Rinku Wife of Bulen Paswan @ Abhay Paswan Resident of Village- Mukundpur Bhath, Police Station- Jandaha, District- Vaishali.

... ... Petitioner/s

Versus

The State Of Bihar Patna

Prakash Paswan Son of Ram Babu Paswan R/O Village- Kasturi Sarai, P.S.Harilochanpur (Patepur), District- Vaishali at Hajipur

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Sachin Kumar For the Opposite Party/s : Mr.Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

ORAL ORDER

2 02-07-2025 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in connection with Jandaha P.S Case No. 168/2024 dated 31.05.2024 registered for the offence punishable u/s 304B and 201 read with Section 34 of the Indian Penal Code.

3. As per the prosecution case, the petitioners and the co-accused persons are alleged to have killed the daughter of the informant due to non-fulfillment of demand of motorcycle as dowry.

4. Learned counsel for the petitioners has submitted

that the petitioners are innocent and have falsely been

Patna High Court CR. MISC. No.36131 of 2025(2) dt.02-07-2025 2/2

implicated in this case. There is general and omnibus allegation against the petitioners who are sister-in-law and mother-in-law of the deceased. The petitioners neither demanded any dowry nor tortured the deceased. The other co-accused persons have been granted bail by the co-ordinate bench of this court vide order dated 22.10.2024 passed in Cr. Misc. No. 70580/2024. The petitioners have no criminal antecedent as stated in para 3 of the bail petition.

5. Learned A.P.P. for the State has vehemently opposed the prayer of anticipatory bail of the petitioners.

6. Considering the aforesaid facts and circumstances of the case, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Vaishali at Hajipur in connection with Jandaha P.S Case No. 168/2024, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

7. This application stands allowed.

(Chandra Prakash Singh, J)

atul/- U T