Raj Narayan Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57917 of 2025 Arising Out of PS. Case No.-180 Year-2024 Thana- Chakmesi District- Samastipur ====================================================== 1.
Raj Narayan Ram son of Late Bisheshwar Ram Resident of VillageSomnaha, Ward No 7, P.S.- Chakmehsi, District- Samastipur, 2.
Vina Devi Wife of Akhilesh Ram (Gotani ) Resident of Village- Somnaha, Ward No 7, P.S.- Chakmehsi, District- Samastipur, 3.
Pinki Devi @ Pinki Kumari Wife of Mukesh Ram @ Mukesh Kumar Resident of Village- Somnaha, Ward No 7, P.S.- Chakmehsi, DistrictSamastipur, ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bhavesh Kumar, Advocate For the Opposite Party/s :
Mr. Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 27-08-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners apprehends their arrest in a case registered for the offence punishable under Sections 80 of the Bhartiya Nyaya Sanhita and Section 3 and 4 of the Dowry Prohibition Act.
3. As per the FIR, the petitioners and co-accused persons harassed the daughter of the informant for dowry. On 05.11.2024, she was found dead, and it is alleged that the petitioners have killed her due to non-fulfillment of dowry
2/4 demands.
4. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. Petitioner no.1 and petitioner nos.2 & 3 are the father-in-law and sister-in-law (gotni), respectively, of the deceased, and there is no specific overt act alleged against them. They are separate in mess and business, having no concern with the day-to-day affairs of the husband of the deceased, yet they have been implicated in this case. There are no materials to suggest their complicity at any point of time. It is next submitted that the deceased had committed suicide, but there is no allegation of provocation or any kind of complicity on the part of these petitioners in the matter of torturing the deceased, insofar as the allegations of demand of dowry and other things are concerned. The allegations made against these petitioners are general and omnibus in nature. The Petitioners have no criminal antecedent.
5. Learned APP for the State has vehemently opposed the prayer for anticipatory bail.
6. Considering the fact that there is no specific allegation against the petitioners and their involvement is also not very clear from the F.I.R. and the petitioners being not
3/4 related with the affairs of the husband and the deceased, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, First Class, Samastipur/Successor Court in connection with Chakmehsi P.S. Case No.180 of 2024 subject to the conditions as laid down under Section 482(2) of the BNSS as well as the following conditions:- (i) One of the bailors should be the family member/relative of the petitioner(s) who shall provide official document to show his/her bona fide;
(ii) the petitioner(s) shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her/their bail bond by the Trial Court itself; (iii) the petitioner(s) shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(iv) the petitioner(s) shall desist from committing
4/4 any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds. (Ajit Kumar, J) shikha/- U T