Surendra Pandey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41181 of 2025 Arising Out of PS. Case No.-291 Year-2024 Thana- SURYAGARHA District- Lakhisarai ====================================================== 1.
Surendra Pandey S/o Late Ramkishun Pandey R/o Village- Rampur, P.S.- Surajgarha, District- Lakhisarai 2.
Meena Devi Wife of Surendra Pandey R/o Village- Rampur, P.S.- Surajgarha, District- Lakhisarai ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Binay Kumar, Adv.
For the State :
Mr. Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 09-07-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners are apprehending their arrest in connection with Surajgarha P.S. Case No. 291 of 2024 registered for the offence punishable under Sections 80(2), 3(5) of B.N.S.
3. As per prosecution case, marriage of informant's daughter was solemnized on 21.04.2022 with co-accused Ravishankar Pandey with Hindu Rites and Rituals. It is alleged that after ten days of marriage she was assaulted and abused by the petitioners and other. It is further alleged that in the year 2023 co-accused Ravishankar Pandey came at the house of the
2/4 informant and abused him and also threatened to kill the informant's daughter. It is further alleged that on 14.08.2024 it was informed that informant's daughter has committed suicide by hanging.
4. Learned counsel for the petitioners submits that petitioners are quite innocent and have committed no offence as alleged in the FIR. He further submits that petitioner no. 1 is father-in-law having age of 70 years whereas petitioner no. 2 is mother-in-law having age of 65 years and they are living separately from the deceased and her family. He further submits that from perusal of contents of prosecution story it is clear that alleged occurrence took place on 14.08.2024 and the information was shared by co-accused Ravishankar Pandey regarding the suicide committed by informant's daughter by hanging but the formal FIR indicates that the occurrence took place on 14.10.2024 and FIR was lodged on 16.10.2024 which questions the authenticity of the prosecution story.
He further submits that petitioners have nothing to do with the alleged occurrence and just because petitioners are father-in-law and mother-in-law of the deceased they have been falsely implicated in this case. In the light of aforesaid facts and circumstances of the case, no case is made out against the petitioners.
3/4 petitioner no. 1 bears criminal antecedent of one case in which he is on bail whereas petitioner no. 2 has clean antecedent. Learned counsel orally submits that co-accused Ravishankar Pandey (husband of the deceased) is in jail custody.
5. The learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners and submits that deceased died within two years of her marriage and participation of the petitioners in the alleged occurrence cannot be outrightly rejected and hence, petitioners do not deserve anticipatory bail.
6. Considering the facts and circumstances of the case, petitioners being father-in-law and mother-in-law of the deceased have no say in the family affairs of the deceased and they are also residing separately from the deceased and her family, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Lakhisarai in connection with Surajgarha P.S. Case No. 291 of 2024, subject to the conditions as laid down under
4/4 Section 482(2) of B.N.S.S.
7. The application stands allowed.
(Alok Kumar Pandey, J) shahzad/- U T