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Patna High CourtCR. MISC./17158/2024bail granted

Ravi Chauhan @ Ravi Kumar v. The State Of Bihar

2024-04-02Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17158 of 2024 Arising Out of PS. Case No.-802 Year-2023 Thana- DEHRI TOWN District- Rohtas ====================================================== 1.

RAVI CHAUHAN @ RAVI KUMAR SON OF MUNNA RAM RESIDENT OF VILLAGE - BARAH PATHAR (AMBEDKAR NAGAR), P.S. - DEHRI, DISTRICT - ROHTAS 2.

POONAM DEVI WIFE OF RAVI CHAUHAN @ RAVI KUMAR RESIDENT OF VILLAGE - BARAH PATHAR (AMBEDKAR NAGAR), P.S. - DEHRI, DISTRICT - ROHTAS 3.

MUNNA RAM SON OF MADBNU SUDAN RAM @ MADHU SUDAN RAM RESIDENT OF VILLAGE - BARAH PATHAR (AMBEDKAR NAGAR), P.S. - DEHRI, DISTRICT - ROHTAS 4.

RITA DEVI WIFE OF MUNNA RAM RESIDENT OF VILLAGE - BARAH PATHAR (AMBEDKAR NAGAR), P.S. - DEHRI, DISTRICT - ROHTAS ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mithilesh Kumar Singh, Advocate For the Opposite Party/s :

Mr. Chandra Bhushan Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 02-04-2024

1. Heard learned counsel for the petitioners and Mr. Chandra Bhushan Prasad learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 304B and 201 of the Indian Penal Code.

3. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and have been falsely implicated in the instant case by the informant. It is further submitted that petitioners being elder brother-in-law, sister-in-law (Gotani), father-in-law and mother-in-law

Patna High Court CR. MISC. No.17158 of 2024(3) dt.02-04-2024 2/3 respectively of the deceased have been falsely implicated by the informant. It is next submitted that from perusal of the allegation as alleged in the FIR, it would manifest that the informant alleges that her daughter was married to Arvind Chauhan in the year 2017 and out of the wedlock two children were born who, at the time when the alleged occurrence is said to have been taken place, were four years and three months respectively. It is also alleged that after marriage the accused persons including the petitioners were torturing the victim for non-fulfillment of demand of dowry and the victim prior to her death had even called the informant informing that she has apprehension that she might be killed, further the informant came to know that the accused persons have killed her daughter and cremated her dead body.

4. Learned counsel for the petitioners submits that from perusal of the allegation as alleged in the FIR, it would manifest that the allegation of demand of dowry and torture is general and omnibus in nature. It is further submitted that when the second child of the deceased was born she developed certain complications for which she was medically treated as would be evident from Annexure-2 series and Annexure-3 to the anticipatory bail application. It is next submitted that whenever

Patna High Court CR. MISC. No.17158 of 2024(3) dt.02-04-2024 3/3 any occurrence in the nature as alleged takes place the entire family members are implicated in a mechanical manner. It is also submitted that husband of the deceased is in judicial custody. The petitioners would not abscond rather would cooperate in the investigation.

5. Mr. Chandra Bhushan Prasad, learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

6. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Dehri (T) P.S. Case No. 802 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T