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2025 DAILYLAW 76994 (PAT)

Neeru Devi v. The State of Bihar

CR. MISC./68973/2025 · 2025-10-10

Satyavrat Verma

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.68973 of 2025 Arising Out of PS. Case No.-230 Year-2025 Thana- RAHUI District- Nalanda ====================================================== Neeru Devi W/o Anil Yadav @ Anil Kumar R/o Village- Shivay Bigha, P.S. (Rahui) Wena, Distdrict- Nalanda ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Pankaj Kumar, Advocate For the Opposite Party/s : Mr. Zainul Abedin, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 2 10-10-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State. 2. The petitioner apprehends her arrest in a case registered for the offences punishable under Sections 123, 80 and 3(5) of the BNS, 2023. 3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and is the mother-in- law of the deceased and the informant alleges that his daughter was married to Manish about five years ago and out of the wedlock a child was born, who presently is aged about 8 months, further, his Samdhi and son-in-law work at Surat in a private firm, next alleges that his daughter was tortured by her mother-in-law, Nanad and Dewar, further on 03.05.2025, his daughter was poisoned to death by her mother-in-law, Nanad and Dewar, on receiving information, the informant reached the Patna High Court CR. MISC. No.68973 of 2025(2) dt.10-10-2025 2/4 place of occurrence and found the dead body of his daughter lying in the Khalihan. 4. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant. It is next submitted that informant is not an eye witness to the occurrence. It is also submitted that from perusal of the allegation as alleged in the F.I.R., it would manifest that the dead body was found lying in the Khalihan. It is next submitted that had the petitioner been involved in poisoning the deceased in that event efforts would have been made to dispose of the dead body with a view to conceal the evidence, but then the dead body was sent for postmortem. It is next submitted that husband of the deceased had filed Matrimonial Case No. 268 of 2021 under Section 9 of the Hindu Marriage Act seeking restitution of his conjugal rights, which amply demonstrates that the deceased was not having cordial relation with her husband. It is also submitted that whenever any dispute arises in between the husband and the wife and the occurrence of the nature as alleged takes place, the entire family members are implicated in a mechanical manner. It is next submitted that informant was aware of the dispute of the deceased with her husband who was working at Surat but then since the deceased had come to stay in Patna High Court CR. MISC. No.68973 of 2025(2) dt.10-10-2025 3/4 the matrimonial home the aforesaid allegation was levelled knowing it very well that sister of the husband of the deceased was married and was living separately but she was also implicated. It is further submitted that petitioner will not abscond rather will co-operate in the investigation to prove her innocence. 5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner. 6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of her arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Rahui P.S. Case No. 230 of 2025, subject to the conditions as laid down under Section 482 (2) of BNSS. 7. However, it is made clear that in the event if the Investigating Officer of the case files an application before the learned Trial Court bringing to its notice that petitioner despite giving assurance to this Court is not co-operating in the Patna High Court CR. MISC. No.68973 of 2025(2) dt.10-10-2025 4/4 investigation, in that event the learned Trial Court shall be at liberty to cancel the bail bonds of the petitioner. 8. Accordingly, the instant anticipatory bail application stands allowed. Ranjeet/- (Satyavrat Verma, J) U T