Laxuman Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31436 of 2025 Arising Out of PS. Case No.-4 Year-2025 Thana- TARIYANI CHOWK District- Sheohar ====================================================== 1.
Laxuman Das S/O Late Fuldip Das, R/O Village- Wanshi Pachra, P.STariyani, Distt.- Sheohar. 2.
Rajwati Devi W/O Laxuman Das R/O Village- Wanshi Pachra, P.S- Tariyani, Distt.- Sheohar.
... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Ranju Devi W/O Vijay Das R/O Village- Madhopur Chhata, P.S- Hiramma, Distt.- Sheohar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Hans Lal Kumar For the Opposite Party/s :
Mr.Jharkhandi Upadhyay ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 16-05-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest in connection with Tariyani P.S. Case No. 04 of 2025 registered for the offences punishable under Sections 103, 80 and 3(5) of the BNSS.
3. The marriage of the daughter of the informant was solemnized with Shani Kumar @ Shani Das on 01.05.2024. Allegedly soon after the marriage, the victim was subjected to demand of dowry and, on account of non-fulfillment of the same, she was tortured in various ways. The accused persons
Patna High Court CR. MISC. No.31436 of 2025(2) dt.16-05-2025 2/3 also poured kerosene oil over her and tried to set her ablaze. On the intervention of some of the family members and the well wisher, the matter was settled between both the family members but, later on, on 02.01.2025, the informant received an information that her daughter was done to death.
4. Learned counsel for the petitioners contended that the petitioners have nothing to do with the family affairs of the husband and wife and even both the families, inasmuch as the petitioners are none-else but the villagers. Only on account of the fact that the petitioners were also participated in the marriage, their names have been implicated in this case without there being any substance. The postmortem of the deceased also suggests that the cause of death is Asphyxia on account of hanging. The independent witnesses have also stated that it was a case of suicide on account of some trifle between the husband and wife. Save and except omnibus nature of allegation, there is no material. All the more, the petitioners are the persons of fair antecedent.
5. On the other hand, learned counsel for the State opposed the bail application and submitted that just within a year of marriage, the victim was done to death and there is allegation against the petitioners of active participation.
Patna High Court CR. MISC. No.31436 of 2025(2) dt.16-05-2025 3/3
6. Regard being had to the submissions made on behalf of the parties and considering the fact that the petitioners are villagers and they are not related with any of the family members of the accused side, coupled with the materials disclosed in the impugned order, suggesting the deceased died on account of suicide and this fact has been supported by some of the witnesses, apart from the fair antecedent, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sheohar in connection with Tariyani P.S. Case No. 04 of 2025, subject to the condition as laid down under Section 482(2) of the BNSS, with further condition that one of the bailors shall be the own/close family members of the petitioners. (Harish Kumar, J) rohit/- U T