Kumod Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31660 of 2024 Arising Out of PS. Case No.-566 Year-2023 Thana- GORAUL District- Vaishali ====================================================== 1.
Kumod Thakur S/O- LATE SHIV NARAYAN THAKUR R/O- VILLAGE SEHAN, P.S-GORAUL ( KATHARA OP), DISTRICT - VAISHALI 2.
MANJU DEVI W/O- SRI KUMOD THAKUR R/O- VILLAGE SEHAN, P.S-GORAUL ( KATHARA OP), DISTRICT - VAISHALI 3.
CHANDAN KUMAR S/O- SRI SANJAY THAKUR R/O- VILLAGE HILALPUR MADARPUR, P.S- AUGICHETRA , DISTRICT- VAISHALI 4.
SMRITI KUMARI W/O- SRI CHANDAN KUMAR R/O- VILLAGE HILALPUR MADARPUR, P.S- AUGICHETRA , DISTRICT- VAISHALI ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vaishnavi Singh, Advocate Mr. Ajay Kumar Thakur, Advocate For the Opposite Party/s :
Mr. Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-05-2024 1 . Heard learned counsel for the petitioners and the State.
2. Petitioners apprehend arrest in a case registered for the offence punishable under sections 304 (B) and 34 of the Indian Penal Code .
3 . It is a case of dowry death .
4. The prosecution case, in brief, is that on 29.12.2023 at about 8.00 PM, informant received telephonic information that his cousin sister namely, Akansha Kumari has been killed, who was solemnized marriage on 16th June 2023 to co-accused
Patna High Court CR. MISC. No.31660 of 2024(2) dt.21-05-2024 2/3 Rohit Thakur as per Hindu ritual. At the time of marriage, Rs. 10 lakhs cash and other articles worth Rs. 5 lakhs were given as gifts. After few months of marriage, all the accused persons including these petitioners started demanding four-wheeler vehicle as dowry and started torturing the deceased and due to non-fulfillment of the demand of dowry on 29.12.2023 at about 2 PM, the accused persons killed the cousin sister of the informant.
5 . Petitioner No. 1 is father-in-law , petitioner No. 2 is mother-in-law, petitioner No. 3 is Nandoshi and petitioner No. 4 is married Nanad of the deceased. Petitioner No. 1 and 2 have four children out of their wedlock and the eldest child is daughter namely Priyanka Devi who got married in the year 2013 and she has two children out of the said wedlock and she is continuously residing in sasural in village Bithauli. The second child of petitioner No. 1 and 2 is co-accused Rohit Kumar who is husband of the deceased. The third child is Smiriti Kumari (petitioner No.4) and she got married to Chandan Kumar (petitioner No. 3) in the year 2020 and she is also residing in her in-laws with petitioner No. 3 in village Hilapur and she had a child out of the said wedlock who is only about 2 to 3 years. The 4th child is Priti Kumari and she is still
Patna High Court CR. MISC. No.31660 of 2024(2) dt.21-05-2024 3/3 unmarried and she is pursuing her intermediate. They are separate in mess and property. There is no specific allegation alleged against these petitioners and they have no concern with the affairs of the couple. Thrust of accusation is against the husband of the deceased who is already in custody since 16.02.2024 . Petitioners claim clean antecedent.
6. Learned counsel for the State opposes the bail petition .
7. Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioners, as named above, be enlarged 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 the Chief Judicial Magistrate, Vaishali at Hajipur in connection with Goraul (Kathara O.P.) P.S. Case No. 566 of 2023, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) Koushik/Saurab hU T