Chandrawati Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53131 of 2023 Arising Out of PS. Case No.-98 Year-2022 Thana- BADHAILA District- Rohtas ====================================================== 1.
Chandrawati Devi W/O- Ramlakhan Seth Village- Parariya Ps- Baghaila Dist- Rohtas 2.
Sonu Seth son of Ramlakhan Seth Village- Parariya Ps- Baghaila DistRohtas ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dhaneshwar Prasad Gupta, Advocate.
For the Opposite Party/s :
Mr. Ram Naresh Ray, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 19-08-2023 Heard Mr. Dhaneshwar Prasad Gupta, learned counsel for the petitioners and learned APP for the State.
2. The Petitioners happen to be mother-in-law and brother-in-law of the deceased are apprehending their arrest in connection with Baghaila P.S. Case No.98 of 2022, registered for the offences punishable under Sections 341, 323, 498A, 304(B), 504, 506/34 of the Indian Penal Code.
3. Allegedly, the marriage of the daughter of the informant was solemnized in the year 2021, however, soon after the marriage she was subjected to demand of dowry and on account of non-fulfillment of the same, she was done to death by all the family members including the petitioners.
Patna High Court CR. MISC. No.53131 of 2023(2) dt.19-08-2023 2/3
4. Learned counsel appearing on behalf of the petitioners submits that there is no specific allegation leveled against the petitioner and moreover, the petitioners being mother-in-law and brother-in-law have no concern with the affairs of the deceased and her husband, who have been living separately from them. He further submits that co-accused Khushbu Devi @ Priti Soni, who happens to be sister-in-law of the deceased has been granted privilege of anticipatory bail by learned Coordinate Bench of this Court in Cr. Misc. No.33138 of 2023. He next submits that the husband of the deceased, who was apprehended by the police has also been granted regular bail by learned Coordinate Bench of this Court.
5. On the other hand learned APP for the State vehemently opposes the bail application and submits that from the impugned order it appears that the cause of death is asphyxia caused by complete hanging and some antemortem injuries were also found over the dead body.
6. Regard being had to the submissions made on behalf of the parties and considering the fact that the petitioners are mother-in-law and brother-in-law respectively and they are separate in their mess and business, let the above named petitioners, be released on bail, in the event of their arrest or
Patna High Court CR. MISC. No.53131 of 2023(2) dt.19-08-2023 3/3 surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial MagistrateIV, Sasaram, Rohtas in connection with Baghaila P.S. Case No.98 of 2022,, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure with further condition that one of the bailors shall be the own/close family members of the petitioners.
(Harish Kumar, J) manoj/- U T