Allowed¶24

Hewanti Devi v. The State of Bihar

Patna HC18 Apr 2025CR. MISC./89038/2024

Case brief

AI extract

What is this about?

Anticipatory bail; Section 438 CrPC; Sections 498A, 304B/34 IPC; Dowry Prohibition Act; Hewanti Devi; Shambhu Ram; Siwan Mufassil P.S. Case No. 185 of 2023; Siwan; dowry death; omnibus allegation; mother-in-law of deceased; co-accused bail Cr. Misc. No. 77069 of 2023; bail bond Rs. 20,000; two sureties; Patna High Court; Chandra Prakash Singh; CR. MISC. No.89038 of 2024; order dated 18-04-2025; application allowed.

What did the court decide?

Anticipatory bail granted: petitioner to be enlarged on bail in the event of arrest/surrender within six weeks on a bail bond of Rs. 20,000/- with two sureties of the like amount each, subject to the conditions under Section 438(2) CrPC, in connection with Siwan Mufassil P.S. Case No. 185 of 2023. ¶24

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

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, apprehending arrest in Siwan Mufassil P.S. Case No. 185 of 2023 (offences under Sections 498A, 304B/34 IPC and Section ¾ of the D.P. Act), should be enlarged on anticipatory bail.

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Court's answer

Considering the facts and circumstances and that the allegation against the petitioner is general and omnibus, she is to be enlarged on anticipatory bail in the event of her arrest or surrender within six weeks.

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Ratio / Principle

Anticipatory bail is granted on furnishing a bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of the learned court concerned, Siwan.

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Key takeaways

The grant of anticipatory bail is made subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.ratio¶23

Detailed headnote1 paragraphs

Patna High Court (Chandra Prakash Singh, J.), order dated 18-04-2025 in Criminal Miscellaneous No.89038 of 2024: Anticipatory bail granted to Hewanti Devi (mother-in-law of the deceased), apprehending arrest in Siwan Mufassil P.S. Case No. 185 of 2023 dated 13.04.2023 registered under Sections 498A, 304B/34 IPC and Section ¾ of the D.P. Act, arising out of an allegation of dowry death over a demand of Rs. 3,00,000/-. The Court found the allegation against the petitioner to be general and omnibus and noted that a similarly situated co-accused had already been granted bail (order dated 03.01.2024 in Cr. Misc. No. 77069 of 2023). Bail directed on furnishing a bond of Rs. 20,000/- with two sureties of the like amount each, upon arrest/surrender within six weeks, subject to Section 438(2) CrPC conditions. Application allowed.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.89038 of 2024

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Arising Out of PS. Case No.-185 Year-2023 Thana- SIWAN MUFFASIL District- Siwan

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

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Hewanti Devi Wife of Shambhu Ram Resident of Village- Bhatwaliya, P.S.Siwan Muffasil, Distt.- Siwan

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... ... Petitioner/s

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Versus

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The State of Bihar Bihar

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Ranjeet Kumar Pandey For the Opposite Party/s : Mr.Sanjay Kumar Sharma ======================================================

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CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

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ORAL ORDER

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2 18-04-2025

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Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

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The petitioner is apprehending her arrest in connection with Siwan Mufassil P.S. Case No. 185 of 2023 dated 13.04.2023 registered for the offences punishable under Sections 498A, 304B/34 of the I.P.C. and Section ¾ of the D.P. Act.

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As per the prosecution case, the petitioner and other co-accused persons are alleged to have tortured and murdered the informant’s daughter due to non-fulfillment of demand of Rs. 3,00,000/- as a dowry.

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Learned counsel for the petitioner has submitted

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Patna High Court CR. MISC. No.89038 of 2024(2) dt.18-04-2025 2/3

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that the petitioner is innocent and have been falsely implicated in this case. The petitioner has not tortured the informant's daughter. It is submitted that the petitioner is the mother-in-law of the deceased. There is general and omnibus allegation against the petitioner. The petitioner has no concern with the alleged offence. Similarly situated coaccused has already been granted bail by this court vide order dated 03.01.2024 passed in Cr. Misc. No. 77069 of 2023. The petitioner has clean antecedent as stated in paragraph no. 3 of the bail application.

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Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.

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Considering the aforesaid facts and

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circumstances of the case as well as the allegation being general and omnibus, let the above named petitioners, in the event of her arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned court concerned, Siwan in connection with Siwan Mufassil P.S. Case No. 185 of 2023, subject to the condition

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Patna High Court CR. MISC. No.89038 of 2024(2) dt.18-04-2025 3/3

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as laid down under Section 438(2) of the Code of Criminal Procedure.

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The application stands allowed.

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(Chandra Prakash Singh, J)

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guddukr/-

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U T

Hewanti Devi v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Hewanti 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

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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