Siman Chaudhary @ Deepak Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32307 of 2023 Arising Out of PS. Case No.-32 Year-2022 Thana- DHANARUA District- Patna ====================================================== Siman Chaudhary @ Deepak Chaudhary S/O- Rambabu Chaudhary R/oRerh Bigha Mathiya Ps- Dhanarua Dist- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anuj Kumar, Advocate For the Opposite Party/s :
Mr. Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-08-2023
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection with Dhanarua P.S. Case No. 32 of 2022 registered for the offences punishable under Sections 498(A), 304(B) and 34 of the Indian Penal Code.
3. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that his daughter was married to Gopal Choudhary about three years back and after marriage, her husband and the accused person started demanding a motorcycle and Rs. 2,00,000/- and for non fulfillment of the demand, she was subjected to torture, it is next alleged that on 20.01.2022, the informant received a message that his daughter is no more and
Patna High Court CR. MISC. No.32307 of 2023(2) dt.03-08-2023 2/3 thus suspected that his daughter was killed by the accused persons, including the petitioner, for non-fulfillment of dowry demand.
4. Learned counsel for the petitioner submits that the petitioner being brother-in-law of the deceased has been falsely implicated in the present case, it is next submitted that from perusal of the allegations as alleged in the FIR it would manifest that the allegation of torture for non-fulfillment of demand of dowry is general and omnibus in nature, it is also submitted that whenever such occurrence takes place, the entire family members are implicated in a mechanical manner when this petitioner is living separately from the husband of the deceased since long. It is next submitted that the informant is not an eyewitness to the occurrence as such the entire allegation hinges around suspicion, it is further submitted that the husband of the deceased had filed Cr. Misc. No. 34008 of 2023 and the same has been withdrawn.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below
Patna High Court CR. MISC. No.32307 of 2023(2) dt.03-08-2023 3/3 within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Dhanarua P.S. Case No. 32 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Rishi/- U T