Lal Mohan @ Lal Mohan Chauhan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54114 of 2024 Arising Out of PS. Case No.-92 Year-2024 Thana- GHOSI District- Jehanabad ====================================================== Lal Mohan @ Lal Mohan Chauhan Son Of Late Dularchand Chauhan Resident Of Village - Saistabad (SARISTABAD), P.S. - Ghoshi (OKARI O.P.), District - Jehanabad ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. S. Kumar For the Opposite Party/s :
Mr. Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 29-08-2024
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 304(B) of the Indian Penal Code.
3. Learned counsel for the petitioner submits that petitioner has antecedent of one case and the informant alleges that his daughter was married to Gautam Kumar, about seven months prior to filing of the case and on account of nonfulfillment of dowry demand, his daughter was killed by the accused persons including the petitioner.
4. The learned counsel submits that petitioner has been falsely implicated in the instant case by the informant
Patna High Court CR. MISC. No.54114 of 2024(2) dt.29-08-2024 2/3 being the father-in-law of the deceased. It is further submitted that from perusal of the allegation as alleged in the F.I.R., it would manifest that the same does not even remotely suggest that petitioner was demanding any dowry or the deceased was being tortured for dowry. It is next submitted that the informant is not an eyewitness to the occurrence. It is further submitted that the postmortem report clearly records that no external or internal injury was found on the dead body and the doctor opined that the death was caused due to cardio respiratory failure, as has been pleaded at para-9 of the anticipatory bail application. It is next submitted that even the parents of the deceased participated in the funeral of their daughter after postmortem. It is next submitted that the husband of the deceased is in custody.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount
Patna High Court CR. MISC. No.54114 of 2024(2) dt.29-08-2024 3/3 each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Ghoshi P.s. Case No.92/2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) amit/- U T