Ramesh Dhankar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13400 of 2024 Arising Out of PS. Case No.-19 Year-2023 Thana- SAKATPUR District- Darbhanga ====================================================== 1.
RAMESH DHANKAR SON OF MAHAVEER DHANKAR 2.
BILTI DEVI WIFE OF RAMESH DHANKAR 3.
MUSWA DHANKAR SON OF RAMESH DHANKAR 4.
SITA DEVI WIFE OF CHHEDI DHANKAR 5.
LAL DHANKAR SON OF MISHRI DHANKAR 6.
CHHEDI DHANKAR SON OF MISHRI DHANKAR All ARE R/O-NIRMALI, P.S.-NIRMALI, DISTT.-SUPAUL ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
The State Of Bihar THE ADVOCATE GENERAL OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Nilendu Kumar Choudhary, Advocate For the Opposite Party/s :
Mr.Rajendra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 19-03-2024
1. Heard learned counsel for the petitioners as well as learned APP for the State.
2. The petitioners seek bail in anticipation of his arrest in a case registered for the offences punishable under Sections 304(B) and 34 of the Indian Penal Code.
3. The learned counsel for the petitioners submit that petitioners being relatives of the husband of the deceased have been falsely implicated in the instant case by the informant who alleges that his daughter was married to Sharwan Dhankar about three years ago and after marriage his daughter was being tortured for non-fulfillment of dowry demand and on account of
Patna High Court CR. MISC. No.13400 of 2024(2) dt.19-03-2024 2/3 non-fulfillment of the same she was killed.
4. It is next submitted that petitioners are Fufa, Fua, cousin brother (Phuphera), Mami, Mama and Mama of the husband of the deceased. It is further submitted that petitioners resides separately and they were not involved in the daily life of the deceased and her husband. It is next submitted that whenever any dispute of the nature as alleged occurs the entire family members are implicated in a mechanical manner with general and omnibus allegations. It is further submitted that from perusal of the FIR it would also manifest that the informant alleges that on 17.02.2023 at about 06.
30 his son-inlaw called and informed that his daughter is seriously ill and after sometimes he again called and informed that his daughter had passed away and when he reached the place of occurrence the dead body of his daughter was found behind the garden of one Ramakant Singh in a ditch and thus suspected that the daughter was killed by poisoning. It is thus submitted that had the petitioners been involved in the occurrence along with the husband then the husband would never have informed the informant about the death of his daughter, rather would have made endeavours to dispose of the dead body.
Patna High Court CR. MISC. No.13400 of 2024(2) dt.19-03-2024 3/3 of the husband of the deceased has been falsely implicated, when they are persons with clean antecedent.
5. The learned APP opposes the anticipatory bail application.
6. Considering the submissions made by the learned counsel for the petitioners, the petitioner above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, Ist Class, Darbhanga in connection with Sakatpur P.S. Case No.19 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
(Satyavrat Verma, J) Prakash Narayan U T