Rajendra Prasad Gond v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57416 of 2024 Arising Out of PS. Case No.-86 Year-2024 Thana- CHAND District- Kaimur (Bhabua) ====================================================== 1.
Rajendra Prasad Gond Son of Late Jhengoor Gond Resident of VillageBaheriyan, P.S. Chand, District-Kaimur at Bhabua. 2.
Manju Devi Wife of Rajendra Gond Resident of Village-Baheriyan, P.S. Chand, District-Kaimur at Bhabua.
3.
Praduman Gond Son of Rajendra Gond Resident of Village-Baheriyan, P.S. Chand, District-Kaimur at Bhabua.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajani Kant Pandey, Advocate For the Opposite Party/s :
Mr.Kumar Veerendra Narayan,APP For the Informant :
Mr. Kumar Sunil, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 01-05-2025
1. Heard learned counsel for the petitioners, learned APP for the State and learned counsel for the informant.
2. The petitioners apprehend their in connection with Chand P.S. Case no.86 of 2024 registered under Sections 304B and 34 of the Indian Penal Code.
3. As per the prosecution case, the informant states that he married his daughter with Anil Kumar Gond. After some days of marriage, all accused persons, including the petitioners herein, started to assault the informant's daughter mentally and physically on account of non-fulfillment of demand of dowry. He further states that on 20.05.2024 he received an information
Patna High Court CR. MISC. No.57416 of 2024(7) dt.01-05-2025 2/3 from one of the villagers of his daughter that his daughter had been killed by the accused persons.
4. It is submitted by learned counsel for the petitioners that the petitioners are the father-in-law, mother-in-law and brother-in-law (dewar) of the deceased. There is general and omnibus allegation leveled against them in the F.I.R with regard to demand of dowry and torture. The petitioners are also staying separate in mess from the deceased and her husband. The post-mortem report of the deceased although indicates some external injuries in the form of laceration and abrasion on the non-vital parts of the body, the doctor has not given any opinion of death stating that the same cannot be ascertained and has reserved the final opinion subject to the chemical examination of viscera. The viscera report is also on record which shows that no metallic and volatile poison could be detected. Learned counsel for the petitioners further submits that husband of the deceased is in judicial custody. The petitioners have no criminal antecedent and undertake to co-operate in case/trial.
5. The application for bail is vehemently opposed by learned APP for the State and learned counsel for the informant who submits that un-natural death has been caused and the
Patna High Court CR. MISC. No.57416 of 2024(7) dt.01-05-2025 3/3 petitioners are also involved in the said case.
6. Taking into consideration the entire facts of the case and also considering the fact that the husband is the primarily responsible for welfare of the wife who is already in jail, it is directed that the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Chand P.S. Case no.86 of 2024 on each of them furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-1st Class, Kaimur at Bhabua, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the B.N.S.S, 2023.
(Soni Shrivastava, J) harsh/- U T