Reeta Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56598 of 2024 Arising Out of PS. Case No.-90 Year-2021 Thana- RAJEPUR District- East Champaran ====================================================== 1.
Reeta Devi Wife of Sanjay Chaudhari R/O Vill.- Vishunpur Tara, P.s.- Madhuban, Dist.- East Champaran 2.
Sanjay Chaudhari Son of Ram Surat Chaudhari @ Ram Sundar Chaudhari R/O Vill.- Vishunpur Tara, P.s.- Madhuban, Dist.- East Champaran 3.
Munna Chaudhari @ Munna Kumar Chaudhary Son of Mohan Chaudhari R/O Vill.- Imadpatti, Chakia, P.s.- Chakia, Dist.- East Champaran. 4.
Dharmendra Chaudhari Son of Mohan Chaudhari R/O Vill.- Imadpatti, Chakia, P.s.- Chakia, Dist.- East Champaran.
5.
Surendra Chaudhari Son of Mohan Chaudhari R/O Vill.- Imadpatti, Chakia, P.s.- Chakia, Dist.- East Champaran.
... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Usha Kumari, Advocate For the Opposite Party/s :
Mr. Pramod Kumar Pandey, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 18-10-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners are apprehending their arrest in connection with Rajepur P.S. Case No. 90 of 2021, G.R. No. 3845 of 2021 registered for the offences punishable under Sections 304B and 34 of the IPC.
3. As per prosecution case, it is alleged that the informant's daughter committed suicide as the informant was helpless to fulfill the demand of dowry made by petitioners and
Patna High Court CR. MISC. No.56598 of 2024(3) dt.18-10-2024 2/3 others.
4. Learned Counsel for the petitioners submits that petitioners are quite innocent and have committed no offence as alleged in the FIR. It is further submitted that the co-accused, namely, Chanchal Kumar Chaudhary (husband) who is already in custody since 06.09.2021. Learned Counsel submits through supplementary affidavit that petitioner no. 1 is mother-in-law, petitioner no. 2 is father-in-law and petitioner nos. 3, 4 and 5 are maternal uncle of the deceased and on account of that petitioners have falsely been implicated in the present case. He further submits that petitioners have no say in the family affairs of the deceased and the allegation of demand of dowry is purely vague. The allegation against the petitioners are general and omnibus in nature. Petitioners bear no criminal antecedent.
5. The learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
6. Considering the facts and circumstances of the case, keeping in view clean antecedent of the petitioners, petitioners have no say in the family affairs of the deceased, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioners above-named, in the event of their arrest or surrender before the
Patna High Court CR. MISC. No.56598 of 2024(3) dt.18-10-2024 3/3 learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran, Motihari in connection with Rajepur P.S. Case No. 90 of 2021, G.R. No. 3845 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
(Alok Kumar Pandey, J) Neha/AlokU T