Ram Ishwar Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38992 of 2025 Arising Out of PS. Case No.-27 Year-2025 Thana- THARTHARI District- Nalanda ====================================================== Ram Ishwar Chauhan S/O Late Charitar Chauhan R/O Village- Basta, PSTharthari, Distt- Nalanda ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Lovekush Kumar, Advocate For the Opposite Party/s :

Mr.Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 25-06-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. In this present case, the petitioner seeks bail in connection with Tharthari P.S. Case No. 27 of 2025 registered for the offences under Sections 80(2), 123 and 3(5) of the B.N.S.

3. As per prosecution case, daughter of the informant was married with son of the petitioner in the year 2023 and allegation is that the petitioner and other co-accused persons used to torture the daughter of the informant on account of nonfulfillment of their dowry demand. On 06.03.2025 they assaulted the daughter of the informant and administered her poison and the daughter of the informant died during her treatment on 08.03.2025.

2/4

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Learned counsel further submits that petitioner is the father-in-law of the deceased. The husband of the deceased is already in custody since 30.04.2024. There is no specific allegation against the petitioner and the allegations are general and omnibus against the petitioner and other coaccused persons. The petitioner never demanded any dowry nor assaulted the deceased and he has no concern with the family affairs of the husband of the deceased Sohan Chauhan. During investigation independent witnesses stated that some altercation took place between the deceased and her husband and she consumed poison and died during treatment.

Learned counsel further submits that opinion has been reserved for viscera report and post-mortem report is silent about cause of death. No offence under Section 80(2) of BNS is made out against the petitioner. The petitioner is in custody since 08.04.2025 and charge-sheet has been submitted. Petitioner is having clean antecedent.

5. Learned A.P.P. opposes the submission made on behalf of the petitioner. Learned APP submits that petitioner is the father-in-law of the deceased and allegation against him is

3/4 that he along with other co-accused persons used to torture the daughter of the informant and causing dowry death.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the fact that the petitioner is the father-in-law of the deceased and allegations are general and omnibus and further considering the fact that co-accused husband of deceased is already in custody and also considering the period of custody of the petitioner and submission of charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount to the satisfaction of learned ACJM-I, Hilsa, Nalanda/concerned court in connection with Tharthari P.S. Case No. 27 of 2025, subject to the conditions mentioned in Section 480(3) of the B.N.S.S. and other following conditions: (i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the

4/4 terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) balmukund/- U T