Rahul Thakur @ Rahul Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47822 of 2024 Arising Out of PS. Case No.-298 Year-2023 Thana- TEGHRHA District- Begusarai ====================================================== Ranju Devi, Wife of Arun Thakur, resident of Village- Teghra Bazar, P.STeghra, Dist- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 56220 of 2024 Arising Out of PS. Case No.-298 Year-2023 Thana- TEGHRHA District- Begusarai ====================================================== Rahul Thakur @ Rahul Kumar, Son of Arun Thakur, R/V- Village- Teghra Bazar, P.S.- Teghra, Distt.- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 47822 of 2024) For the Petitioner/s :
Mr.Ashok Kumar, Advocate For the Opposite Party/s :
Mr.Anil Kumar, APP (In CRIMINAL MISCELLANEOUS No. 56220 of 2024) For the Petitioner/s :
Mr.Ashok Kumar, Advocate For the Opposite Party/s :
Mr.Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 20-11-2024 Since both the applications arise out of Teghra P.S. Case No. 298 of 2023, as such, they have been taken up together and are being disposed of by this common order.
2. Heard learned counsel for the petitioners and learned APP for the State.
3. In the present case, the petitioners are apprehending
2/4 their arrest in connection with Teghra P.S. Case No. 298 of 2023 for the offences under Sections 304B/34 of the Indian Penal Code.
4. As per prosecution case, the marriage of the daughter of the informant was solemnized with the petitioner Rahul Thakur on 05.06.2021. The allegation against the petitioners and other co-accused persons is that of demanding dowry and torturing the daughter of the informant and further allegation is that on 12.09.2023, they administered her poison. The daughter of the informant was taken to the doctor where she died.
5. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case. The occurrence did not take place in the manner as alleged. The petitioners and family members never demanded any dowry and never tortured the daughter of the informant. Over some minor issue, the deceased entered into an altercation with the petitioners and consumed toilet cleaner. She was taken to the doctor by the petitioners and their family members and during her treatment, she died. This fact is also apparent from the FIR. The falsity of allegation is also apparent from the delay in registration of FIR as the occurrence took place on
3/4 22.09.2023, but the FIR has been lodged on 05.10.2023 without any explanation. The learned counsel further submits that the police investigated the matter and came to the conclusion that there is no involvement of the petitioners or their family members and the deceased consumed acid used for cleaning the toilet. The post mortem report also supports this fact. It is not believable that a person forced another for consuming the acid. The petitioners are having clean antecedent. A compromise petition has also been filed by the informant before the learned Additional Sessions Judge, Begusarai.
6. Learned APP opposes the submission made on behalf of the petitioners. Learned APP submits that the petitioners are mother-in-law and husband of the deceased, respectively and the allegations are quite specific for causing dowry death of the daughter of the informant.
7. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the delay in lodging the FIR and further considering the possibility of false accusation, let the petitioners above named, in the event of their arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand
4/4 Only) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai, in connection with Teghra P.S. Case No. 298 of 2023, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure and other following conditions : (i) One of the bailors will be a close relative of the petitioners.
(ii) The petitioners will remain present on each and every date fixed by the court below, if so required by the learned trial court.
(Arun Kumar Jha, J) V.K.Pandey/- U T