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

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

What the court decided

AI extract

Outcome

Anticipatory bail: petitioner to be enlarged on bail if arrested or surrenders within eight weeks, on furnishing bail-bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of learned Judicial Magistrate 1st Class, Bhojpur at Ara, in connection with Charpokhari P.S. Case No. 206 of 2024, subject to conditions under Section 482 of B.N.S.S., 2023.

Issue for consideration

Whether the petitioner, apprehending arrest in Charpokhari P.S. Case No. 206 of 2024 for offence under Sections 80(2), 3(5) of B.N.S., should be enlarged on anticipatory bail.

Court's answer

Considering the facts and circumstances, the petitioner was directed to be enlarged on bail in the event of arrest or surrender within eight weeks, on furnishing bail-bond of Rs. 10,000/- with two sureties of the like amount each, subject to conditions under Section 482 of B.N.S.S., 2023.

Ratio / Principle

Allegations against the petitioner were found to be general and omnibus, with the thrust of the accusation against the husband of the deceased, who is already in custody.

Key takeaways

The petitioner, mother-in-law of the deceased, was noted to be separate in mess and property, having no concern with the family affairs of the deceased and her husband, and a lady with clean antecedent.ratio¶18

Detailed headnote1 paragraphs

Anticipatory bail granted — Sunaina Devi (mother-in-law of the deceased), apprehending arrest in Charpokhari P.S. Case No. 206 of 2024, Bhojpur, for offence under Sections 80(2), 3(5) of B.N.S., arising from F.I.R. alleging marriage of the informant's daughter to co-accused Pankaj Kumar on 23.04.2024, dowry-related cruelty and harassment by the F.I.R.-named accused, and death by hanging on 13.09.2024. Allegations against the petitioner held general and omnibus; thrust of accusation against the husband, already in custody; petitioner separate in mess and property, a lady with clean antecedent. Bail ordered on furnishing bail-bond of Rs. 10,000/- with two sureties of the like amount each, upon arrest/surrender within eight weeks, to the satisfaction of Judicial Magistrate 1st Class, Bhojpur at Ara, subject to conditions under Section 482 of B.N.S.S., 2023. State A.P.P. had opposed. (Prabhat Kumar Singh, J.; 24-03-2025)

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.6527 of 2025

Arising Out of PS. Case No.-206 Year-2024 Thana- CHARPOKHARI District- Bhojpur

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

Sunaina Devi Wife of Dinesh Paswan Resident of village- Nagari PSCharpokhari District- Bhojpur

... ... Petitioner/s

Versus

The State of Bihar

Urmila Devi Wife of Shankar Paswan village- Kathrai, ps- Bikaramganj, Dist- rohtas

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Raju Kumar Singh For the Opposite Party/s : Mr.Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

3 24-03-2025

Heard learned counsel for the petitioner and learned

A.P.P. for the State.

The petitioner apprehends her arrest in a case registered for the offence under Sections 80(2), 3(5) of B.N.S.

As per F.I.R., the daughter of informant was married with co-accused Pankaj Kumar on 23.04.2024 and soon after the marriage, she was subjected to cruelty and harassment by all the F.I.R. named accused persons including this petitioner for dowry and lastly, on 13.09.2024, she was killed by hanging.

Petitioner is mother-in-law of the deceased. There is general and omnibus allegation. Thrust of the accusation is against husband of the deceased, who is already in custody.

Patna High Court CR. MISC. No.6527 of 2025(3) dt.24-03-2025 2/2

Petitioner is separate in mess and property and has got no concern with the family affairs of deceased and her husband. Petitioner is lady and has got clean antecedent.

Learned A.P.P. for the State vehemently opposes the prayer for anticipatory bail of petitioner.

However, considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of arrest/surrender within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1^st Class, Bhojpur at Ara in connection with Charpokhari P.S. Case No. 206 of 2024, subject to condition as laid down under Section 482 of B.N.S.S., 2023.

(Prabhat Kumar Singh, J)

anay

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