Mamta Kumari @ Mamta Kumari GuptaversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.68252 of 2025
                       Arising out of PS. Case No.-442 Year-2024 Thana- GORAUL District- Vaishali
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                 Mamta Kumari @ Mamta Kumari Gupta W/o Late Alok Kumar Gupta Resi-
                 dent of Village- Khanjahachak, P.S.- Lalganj, District- Vaishali At Present
                 R/O Vill.- Shehan, P.S.- Kathara, Dist.- Vaishali

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Pranav Kumar, Advocate
                                                  Mr. Rajeev Ranjan No. II, Advocate
                 For the Opposite Party/s:        Mr. Raj Kishor Singh, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

4   17-01-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner has preferred this application for

                   grant of anticipatory bail apprehending her arrest in connection

                   with Goraul P.S. Case No. 442 of 2024 registered under sections

                   302 and 120(B)/34 of IPC.

                                 3. The case of the prosecution lodged by the

                   Sub-inspector of Police is that the deceased Alok Kumar Gupta

                   had died at his Sasural on 26.05.2019 with regard to which an

                   information was given and a UD case was registered earlier by

                   the uncle of the deceased and subsequently a complaint case

                   was also filed by the father of the deceased alleging that the

                   wife of the deceased and her other family members had con-
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spired to murder the deceased.

          4. Learned counsel for the petitioner submits that it

would be apparent from the present First Information Report

that the deceased had died wayback in the year 2019 for which a

UD case had already been instituted and subsequently a com-

plaint case was filed with general and omnibus allegation. It is

further submitted that no case would be made out against the

present petitioner since the present case has been filed after re-

ceiving the viscera report indicating death because of poisoning.

It is also submitted that this viscera report as a matter of fact

was challenged by the father of the deceased as being not cor-

rect and the petitioner, who is the wife of the deceased, having

two daughters always had cordial relation with her husband.

          5. The application for anticipatory bail is opposed by

learned A.P.P. for the State.

          6. Taking into consideration the facts and circum-

stances of the case and considering the fact that with similar al-

legation a UD Case and complaint case is also pending and

there is no substantial material to connect the petitioner in the

present case, let the petitioner, above named who is the wife of

the deceased having no criminal antecedent and against whom

there is no chance of absconding or tampering with evidence, in
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           the event of her arrest or surrender before the learned Court be-

           low within a period of four weeks, be released on anticipatory

           bail in connection with Goraul P.S. Case No. 442 of 2024 on

           furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with

           two sureties of the like amount each to the satisfaction of the

           learned Additional Chief Judicial Magistrate-I, Vaishali at Ha-

           jipur, subject to the condition laid down under Section 438(2) of

           the Code of Criminal Procedure/Section 482(2) of the B.N.S.S,

           2023 and subject to the further condition that she shall co-oper-

           ate in investigation/trial.



                                   (Soni Shrivastava, J)
Vikash/-

U      T