Chhotan Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45600 of 2024 Arising Out of PS. Case No.-371 Year-2023 Thana- NAWADA MUFFASIL District- Nawada ====================================================== 1.

Chhotan Chauhan S/O Budhdhu Chauhan R/O Village-Adhauna Beldari, P.S.-Muffasil,Distt-Nawada 2.

Sonara Devi @ Sonarba Devi W/O Chhotan Chauhan R/O Village-Adhauna Beldari, P.S.-Muffasil,Distt-Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 20-07-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest in connection with Muffasil P.S. Case No. 371 of 2023 registered for the offence punishable under Sections 304B / 34 of the IPC.

3. As per the prosecution case, the allegation against the petitioners is that he alongwith other co-accused persons killed the daughter of the informant due to non-fulfillment of demand of dowry.

4. Learned counsel for the petitioners submits that petitioners have falsely been implicated in this case. He next submits that they have never made demand of dowry as alleged. He further submits that petitioner No. 1 is father-in-law and petitioner No. 2 is mother-in-law of the deceased and they have

Patna High Court CR. MISC. No.45600 of 2024(2) dt.20-07-2024 2/2 no concern with mess and business of the deceased and her husband.

5. Learned APP for the State opposes the prayer for bail of the petitioners and submits that granting anticipatory bail will affect the investigation.

6. On perusal of the FIR, post mortem report and impugned order dated 16.01.2024, it appears that the informant who is father of the deceased registered FIR against seven accused persons including these petitioners. It also appears that the deceased died within six months from the date of marriage inside her matrimonial home. From perusal of the post mortem report of the deceased, it reveals that the death is caused by asphyxia due to hanging and self chord and the investigation is at initial stage, so I am not inclined to grant anticipatory bail to the petitioners.

7. Prayer for anticipatory bail of the petitioners is hereby rejected.

(Ramesh Chand Malviya, J) saurabhkr/- U T