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Patna High CourtCR. MISC./14724/2025allowed

Vindeswar Rai v. The State Of Bihar

2025-05-12Mr. Justice Harish Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14724 of 2025 Arising Out of PS. Case No.-186 Year-2024 Thana- HAJIPUR SADAR District- Vaishali ====================================================== 1.

Vindeswar Rai S/O Late Dhanraj Rai, Resident Of Village- Sisauni Rajauli, P.S- Hajipur Sadar, Distt.- Vaishali.

2.

Nilam Devi @ Urmila Devi W/O Vindeshwar Rai, Resident Of VillageSisauni Rajauli, P.S- Hajipur Sadar, Distt.- Vaishali. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shivjee Singh, Adv.

For the Opposite Party/s :

Mr. Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 12-05-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest in connection with Hajipur Sadar P.S. Case No. 186 of 2024 registered for the offences punishable under Sections 304B, 201 and 120B of the Indian Penal Code.

3. The marriage of the niece of the informant was solemnized with the son of the petitioners on 18.06.2018. It is alleged that soon after the marriage, the victim was subjected to demand of dowry and on account of non-fulfillment of the same, she was subjected to torture in various ways and finally she was done to death on 12.03.2024 and her dead body was

Patna High Court CR. MISC. No.14724 of 2025(3) dt.12-05-2025 2/3 disappeared.

4. The learned counsel for the petitioners contended that the petitioners are parents-in-law and admittedly the marriage was solemnized long back in the year 2018 and, as such, the demand of dowry at this belated stage, does not inspire any confidence. It is further contended that the couple also blessed with two children, who are at present residing with the petitioners. Moreover, even in the FIR, it is admitted that the informant received information on 12.03.2024 but the FIR came to be instituted on 28.03.2024 after sixteen days. In fact, the informant and other family members were also present at the time of cremation of the victim but, later on, on the instigation made by some unscrupulous persons, the present FIR came to be lodged. It has also come during the investigation that the deceased has committed suicide on account of some dispute with her husband.

5. On the other hand, learned counsel for the State opposed the bail application and submitted that the involvement of the petitioners cannot be ruled out as the unfortunate death has taken place within seven years of marriage and soon before the marriage, the victim was subjected to demand of dowry.

6. Regard being had to the submissions made on

Patna High Court CR. MISC. No.14724 of 2025(3) dt.12-05-2025 3/3 behalf of the parties and considering the omnibus nature of allegation and the fact that the couple also blessed with two children, who are residing with the petitioners; apart from the delay in lodging of the FIR and the petitioners are non-else but the parents-in-law having no criminal antecedent, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Vaishali at Hajipur in connection with Hajipur Sadar P.S. Case No. 186 of 2024, subject to the condition as laid down under Section 438(2) of the Cr.P.C., with further condition that one of the bailors shall be the own/close family members of the petitioners.

(Harish Kumar, J) rohit/- U T