Chanchal Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45782 of 2025 Arising Out of PS. Case No.-101 Year-2024 Thana- Pothia District- Katihar ====================================================== 1.

Chanchal Devi Wife of Sumit Kumar R/O Village - Khaira Lalchand, P.S.- Pothiya, District - Katihar.

2.

Geeta Devi Wife of Chandan Pandit R/O Village - Khaira Lalchand, P.S.- Pothiya, District - Katihar.

3.

Chandrashekhar Pandit @ Chandan Pandit Son of Sukhnandan Pandit R/O Village - Parghadi Sabour, P.S.- Pothiya, District - Katihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amit Kumar Anand, Adv Mrs. Bharti Kumari, Adv For the Opposite Party/s :

Mr. Chandra Bhushan Prasad, APP Mr. Mukesh Kumar Jha, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 15-11-2025 1.

Heard learned counsel for the petitioners; learned A.P.P. for the State, Sri Chandra Bhushan Prasad and the learned counsel appearing on behalf of the informant. 2.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 80(2) and 61 of the Bharatiya Nyaya Sanhita.

3.

Learned counsel for the petitioners, at the outset, submits that petitioner Nos. 1 and 2 are sisters-in-law of the deceased (nanad) and petitioner No. 3 is brother-in-law of the deceased (nandosi). It is next submitted that petitioners are

2/4 persons with clean antecedent and the informant alleges that his daughter was married to Ajit on 1-3-2023, after marriage the accused persons including the petitioners started torturing his daughter for non-fulfillment of demand of a motorcycle and Rs. 10 lakhs for purchasing land, further the victim also disclosed that Ajit is having an extramarital affairs with Ganga and when the victim protested the relationship, Ajit threatened that if demand is not met, he will marry Ganga, further Ajit on 26-102024 informed from an unknown number that victim died, accordingly he along with the family members reached the place of occurrence and found the dead body of the victim lying inside a room with multiple injury marks and the accused persons had fled.

4.

Learned counsel for the petitioners submits that petitioners have been falsely implicated in the instant case by the informant. It is next submitted that informant is not an eye witness to the occurrence. It is further submitted that it is not in dispute that police was informed and the dead body of the victim was recovered after breaking the door, which amply demonstrates that victim had committed suicide, it is also submitted no doubt the victim died within seven years of marriage, but all deaths are not dowry death. It is next submitted

3/4 that thrust of the allegation is against Ajit as informant alleges that victim disclosed that he was having an extramarital affairs with Ganga and used to threaten that if demand is not met, he will marry Ganga. It is further submitted that whenever any dispute arises in between the husband and the wife and the occurrence of the nature as alleged takes place, the entire family members are implicated in a mechanical manner with general and omnibus allegations. It is submitted that even allegation of demand of dowry with respect to the petitioners is general and omnibus in nature. Learned counsel for the petitioners next submits that husband of the victim was taken in custody but then he has been granted the privilege of regular bail by the learned district court. It is also submitted that petitioners will not abscond rather will cooperate in the investigation to prove their innocence.

5.

Learned A.P.P. for the State and the learned counsel appearing on behalf of the informant opposes the prayer for anticipatory bail of the petitioners. Learned counsel appearing on behalf of the informant fairly submits that husband of the victim has been granted the privilege of regular bail against which a cancellation application has been filed. 6.

Considering the submissions made by the learned

4/4 counsel for the petitioners, 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 bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Pothiya P.S. Case No. 101 of 2024, subject to the conditions as laid down under Section 482 (2) of the BNSS.

(Satyavrat Verma, J) Sumit/- U T