Chatku Bind v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25152 of 2025 Arising Out of PS. Case No.-291 Year-2024 Thana- CHAND District- Kaimur (Bhabua) ====================================================== 1.
Chatku Bind S/O Late Ramsakhi Bind 2.
Kalawati Devi @ Kamli Devi W/O Chatku Bind Both Resident of Village- Basawanapur, P.S- Chainpur, Dist.- Kaimur (Bhabhua).
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pawan Kumar Singh, Advocate For the Opposite Party/s :
Mr.Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 07-05-2025 Heard Mr.Pawan Kumar Singh, learned counsel for the petitioners and Mr.Anil Kumar, learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in connection with Chand P.S.Case No.291 of 2024, FIR dated 17.12.2024 registered for the offences punishable under Sections 80,3(5) of B.N.S.,2023.
3. Allegation against the petitioners is that they alongwith other co-accused persons have in furtherance of their common intention committed the dowry death of the daughter of the informant.
4. Learned counsel appearing for the petitioners
2/4 submits that the petitioners have falsely been implicated in the present case. Although the petitioners are named in the FIR but from a bare perusal of the FIR it appears that there is no specific allegation of any assault, overt-act or demand of dowry attributed against the petitioners. In fact the petitioner No.1 is maternal grandfather and petitioner No.2 is maternal grandmother of the co-accused person, namely, Suraj Bind and they have no concern at all with the alleged occurrence. Learned counsel for the petitioners submits that the husband of the deceased, namely, Suraj Bind is in judicial custody since 15.04.2025.
5. Learned A.P.P. for the State, on the other hand, has vehemently opposed the prayer for anticipatory bail of the petitioners and submits that the petitioners carry two more cases other than the present one but fairly submits that the petitioners are on bail in both the cases, as mentioned in para-3 of the bail petition.
6. Considering the aforesaid facts, there is no specific allegation of any assault, overt-act or demand of dowry attributed against the petitioners, husband of the deceased, namely, Suraj Bind is in judicial custody since 15.04.2025 and the petitioners are maternal grandfather and maternal
3/4 grandmother of the husband of the deceased, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, 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 Judicial Magistrate, 1st Class, Kaimur at Bhabhua in connection with Chand P.S.Case No.291 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of BNSS,2023 and with other following conditions:- (I) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on their absence on two consecutive dates without sufficient reason, their bail bonds shall be cancelled by the Court below. (II) If the petitioners tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(III) And, further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage, it is found that the petitioners have concealed their criminal antecedents, the court below shall take step for
4/4 cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Nitesh/- U T