Birendra Singh @ Sadhu Singh @ Sadhu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22618 of 2025 Arising Out of PS. Case No.-476 Year-2024 Thana- KARAKAT District- Rohtas ====================================================== 1.

Birendra Singh @ Sadhu Singh @ Sadhu S/O Late Meghnath Singh R/O Village- Hatiya, P.S- Karakat, Distt.- Rohtas. 2.

Reshma Devi @ Reshmi Devi W/O Birendra Singh @ Sadhu R/O VillageHatiya, P.S- Karakat, Dist.- Rohtas. 3.

Mamta Kumari W/O Abhinas Kumar R/O Village- Hatiya, P.S- Karakat, Dist.- Rohtas.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Thakur, Advocate Ms.Vaishnavi Singh, Advocate Mr. Ritwik Thakur, Advocate For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh, APP For the Informant :

Mr. Mahendra Thakur, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 01-05-2025 Heard learned Counsel for the petitioners, learned APP for the State and learned counsel for the informant.

2. The petitioners are apprehending arrest in connection with Karakat P.S. Case No. 476 of 2024 registered on 08.09.2024 for the offences punishable under Sections 103(1), 61(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3. The present F.I.R. has been lodged by the father of the deceased against five named accused persons, including the present petitioners. It is alleged that the informant's daughter was married to one Abhinas Kumar Singh, and from the said

2/4 wedlock, one female child was born. Thereafter, the in-laws of the deceased allegedly subjected her to torture and persistently demanded dowry. When these demands were opposed, it is alleged that, in connivance with each other, the accused persons killed the informant's daughter and attempted to dispose of the body. However, the informant intervened in the meantime, and the dead body was recovered.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have not committed any offence. Petitioner Nos. 1 and 2 are the parents of the deceased's husband, aged about 65 and 60 years, respectively, while Petitioner No. 3 is the second wife of the deceased's husband. They claim to be residing separately from the deceased's husband. It is further submitted that the petitioners had no knowledge of the alleged incidents as they were living independently and had no involvement in the internal matters between the deceased and her husband. It is also submitted that the husband of the deceased had constructed a single-storey pucca house where he and the deceased were living separately along with their children. Furthermore, it is stated that a prior case had been lodged by the informant's side against the deceased's husband when Avinash Kumar Singh and the

3/4 informant's daughter had eloped, registered as Piro P.S. Case No. 312/2018. The petitioners have no criminal antecedents.

5. Learned counsel for the informant vehemently opposes the prayer for bail and submits that Petitioner No. 3 is in fact the first wife of the deceased's husband, and despite the existence of a prior marriage, the accused persons entered into a subsequent marriage with the informant's daughter. It is further alleged that all the accused persons subjected the deceased to cruelty, and ultimately caused her death.

6. Learned APP for the State also opposes the bail application, stating that specific allegations have been made against the petitioners in the F.I.R.

7. Considering the facts and circumstances of the case, let Petitioner No. 3, namely Mamta Kumari, be released on bail in the event of arrest or surrender before the Trial Court within a period of four weeks from today, on furnishing a bail bond of 30,000/- (Rupees Thirty Thousand only), as prescribed ₹ under Section 2(1)(d) of the Bharatiya Nagrik Suraksha Sanhita, 2023, to the satisfaction of the learned A.C.J.M.-I, Bikramganj (Rohtas), in connection with Karakat P.S. Case No. 476 of 2024, subject to the conditions laid down under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.

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8. However, considering the fact that Petitioner Nos. 1 and 2 are the in-laws of the deceased, this Court is not inclined to grant bail to them. Accordingly, their prayer for bail is hereby rejected.

(Dr. Anshuman, J) Ashwini/- U T