Parvati Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31915 of 2024 Arising Out of PS. Case No.-794 Year-2023 Thana- SAHPUR District- Patna ====================================================== 1.
Parvati Devi WIFE OF LATE RAM RATAN CHOUDHARY VILLAGERAGHURAMPUR CHANDMARI PS- SAHPUR, DIST- PATNA 2.
ANCHAL KUMARI @ ANCHALA CHOUDHARY DAUGHTER OF LATE RAM RATAN CHOUDHARY VILLAGE- RAGHURAMPUR CHANDMARI PS- SAHPUR, DIST- PATNA ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
RANJIT CHOUDHARY SON OF GIRJA CHOUDHARY VILLAGELALKOTHI, PO- DANAPUR, PS- SHAHPUR, DIST- PATNA ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pramod Kumar For the Opposite Party/s :
Mr. Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 30-04-2024
1. Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 302, 498A and 34 of the Indian Penal Code.
3. Learned counsel for the petitioners submits that petitioners, being mother-in-law and married sister-in-law, have been falsely implicated in the instant case by the informant. It is further submitted that mother-in-law is aged about 88 years and the sister-in-law is aged about 63 years and the marriage of the daughter of the informant was performed with the son of
Patna High Court CR. MISC. No.31915 of 2024(2) dt.30-04-2024 2/3 petitioner no. 1 in the year 2015 and out of the wedlock, three children were born. It is next submitted that from perusal of the allegations as alleged in the F.I.R., it would manifest that the allegation of demand of dowry and torture is general and omnibus in nature. It is also submitted that no case of demand of dowry or torture came to be instituted by the informant in between 2015 till 2023 but all of a sudden, the instant FIR was instituted alleging that petitioners used to torture the deceased for non-fulfillment of dowry demand, but then the FIR does not even remotely suggest that what was being demanded by way of dowry, it is also submitted that the dead body of the deceased was found hanging from the ceiling and no effort was made by any of the accused to dispose of the dead body which amply demonstrates that had the petitioners been involved in the occurrence, then effort would been to dispose of the dead body and not to preserve it for postmortem.
4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
5. Considering the submissions made by the learned counsel for the petitioners and taking into consideration the age of the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a
Patna High Court CR. MISC. No.31915 of 2024(2) dt.30-04-2024 3/3 period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Shahpur P.S. Case No. 794 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Rishabh/- U T