Babulal Gupta v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28506 of 2025 Arising Out of PS. Case No.-105 Year-2024 Thana- DHANAHA District- West Champaran ====================================================== 1.
Babulal Gupta Son of Laxmi Sah Resident of Village - Khalwa Patti, P.S.- Dhanha, District - West Champaran (Bihar) 2.
Sityee Devi Wife of Babulal Gupta Resident of Village - Khalwa Patti, P.S.- Dhanha, District - West Champaran (Bihar) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Suresh Prasad Sharma For the Opposite Party :
Mr. Aditya Narayan Singh.1 For the O.P. No. 2 :
Mr. Bimlesh Kumar Pandey Mr. Krishna Kant Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-08-2025 Heard learned counsel for the petitioners, learned counsel for the informant and learned A.P.P for the State.
2. The petitioners have preferred this application for grant of regular bail in connection with Dhanha P.S. Case No. 105/2024 dated 18.05.2024 registered for the offences punishable under sections 304B, 201, 120B read with Section 34 of the I.P.C.
3. As per the prosecution case, the petitioners and the co-accused persons are alleged to have killed the informant's daughter by strangulating her due to non-fulfillment of demand of motorcycle and a gold chain as dowry. It is further alleged
Patna High Court CR. MISC. No.28506 of 2025(4) dt.25-08-2025 2/3 that the villager Baharan Gaddi took the dead body of the informant's daughter on his bullock cart and cremated her dead body.
4. Learned counsel for the petitioners has submitted that the petitioners are innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioners. The petitioners neither demanded any dowry nor tortured the deceased. The petitioners are father-in-law and mother-in-law of the deceased. It is submitted that the deceased was not subjected to torture and cruelty soon before her death for or in connection with demand of dowry. The petitioners have clean antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 10.12.2024
5. Learned A.P.P. for the State as well as the learned counsel for the informant have vehemently opposed the bail petition of the petitioners by submitting that after 21 days of marriage the petitioner and the co-accused persons killed the informant's daughter.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with
Patna High Court CR. MISC. No.28506 of 2025(4) dt.25-08-2025 3/3 two sureties of the like amount each to the satisfaction of learned Court concerned, Bagaha, West Champaran in connection with Dhanha P.S. Case No. 105/2024, with the condition to the petitioner no. 1:- (i). The petitioner No.1 is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner No. 1 is liable to be cancelled.
7. This application stands allowed.
(Chandra Prakash Singh, J) atul/- U T