Narayan Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13059 of 2025 Arising Out of PS. Case No.-109 Year-2024 Thana- SHYAMPUR BHATHAN DistrictSheohar ====================================================== 1.
Narayan Singh Son of Late Ramnaresh Singh village- Paharpur, PsShyampur, Bhatha Dist- Sheohar 2.
Ram Babu Singh Son of Late Ramnaresh Singh village- Paharpur, PsShyampur, Bhatha Dist- Sheohar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Krishna Prabhat For the Opposite Party/s :
Mr.Ram Sumiran Rai For the informant : Mr. Sumit Kumar Jha, Adv. Mrs. Rakchika Shekhar, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 15-05-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners seeks bail in a case initially registered for the offence punishable under Sections-126(2), 127(2), 115(2), 118(1), 117(2), 118(2), 109(1), 85, 3(5) of BNS, 2023 and later on, Sections-80 & 103(1) of BNS was also added.
3. The informant has mentioned in the FIR that marriage of his daughter was solemnized with co-accused Amit Vijay on 24-09-2024. She spent some peaceful days in her matrimonial house. Thereafter, the accused persons named in
2/4 the FIR i.e. her husband and his family members made pressure upon the deceased to demand a four wheeler and they inflicted atrocities upon her for non-fulfillment of demand of dowry. On 14-10-2024, he received an information that all the accused persons assaulted the deceased badly by iron rod, knife, lathi, danda etc. When he went there, the villagers apprised him that the family members of the deceased had shifted her in SKMCH, Muzaffarpur. Then the informant went there and saw his daughter in injured condition. For better treatment, the informant transferred the deceased from SKMCH, Muzaffarpur to Fular Speciality Hospital, Juran Chapra, Road No. 2, Muzaffarpur where she died in course of treatment.
4. Learned counsel for the petitioners has submitted that initially, the case was registered under Section-109 & other allied sections of the B.N.S. but when the deceased died after three months, Sections- 80 & 103(1) of BNS was also added. Learned counsel for the petitioners has further submitted that the petitioner Nos. 1 & 2 are father-in-law and cousin father-inlaw of the deceased respectively. On the date of occurrence, the petitioner No. 1 was not present in his house rather he was arrested from his workplace. The petitioners have nothing to do with the four wheeler, which is alleged to have been demanded
3/4 in dowry. Learned counsel has also submitted that though the injuries found on the person of the deceased show that she was badly assaulted before her death but as a matter of fact, the husband and the wife were quarreling each other and in that course, the co-accused, Amit Vijay (husband of the deceased) assaulted his wife resulting into her death. Co-accused Amit Vijay confessed his guilt in which, he has categorically stated that he assaulted his wife with Lorha (stone piece).
5. On the otherhand, Mr. J. N. Thakur, learned APP and learned counsel for the informant have opposed the prayer for bail by submitting that there is allegation against the petitioners also that they tortured the victim for non-fulfillment of demand of dowry and they also assaulted the deceased. They have also submitted that in order to save the petitioners, the coaccused (husband of the deceased) in his statement did not admit the complicity of these petitioners in the present case.
6. Petitioners are the father-in-law and the cousin father-in-law of the deceased. From perusal of the FIR itself, it transpires that family members of the deceased shifted her to SKMCH, Muzaffarpur where she was under treatment for three days and thereafter, she was shifted to another hospital where she died after two months of the alleged occurrence. The co-
4/4 accused, Amit Vijay (husband of the deceased) confessed his guilt and stated that he inflicted Lorha (stone) blow on the person of the deceased, which resulted into her death.
7. Considering the aforesaid facts and circumstances, let the petitioners named above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-II, Sheohar in connection with Shyampur Bhathan P.S. Case No. 109 of 2024. (Nawneet Kumar Pandey, J) A.K.V.//- U T