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Patna High CourtCR. MISC./64665/2024bail granted

Shambhu Chandrawanshi @ Shambhu Ram v. The State Of Bihar

2024-10-17Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64665 of 2024 Arising Out of PS. Case No.-119 Year-2024 Thana- KHIRI MORE District- Patna ====================================================== 1.

Shambhu Chandrawanshi @ Shambhu Ram Son of Late Ganesh Ram 2.

Sanjay Chandrawanshi @ Sanjay Kumar Ram son of Shambhu Chandrawanshi @ Shambhu Ram 3.

Ajit Chandrawanshi @ Ajit Kumar Son of Shambhu Chandrawanshi @ Shambhu Ram 4.

Jaymanti Devi wife of Sanjay Chandrawanshi @ Sanjay Kumar Ram Village- Kauri, Ps- Khirimore, Dist- Patna ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Radha Mohan Singh, Advocate For the Opposite Party/s :

Mr. Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 17-10-2024 Heard learned counsel for the petitioners as well as learned APP for the State.

2. The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 304B, 201 and 34 of the Indian Penal Code in connection with Khirimore P.S. Case No.119 of 2024.

3. The learned counsel for the petitioners submit that petitioners are persons with clean antecedent and the informant alleges that his son-in-law, Chitranjan on 16.06.2024 at 11.40 AM called and informed that his daughter committed suicide by hanging herself in her room, accordingly the informant reached

Patna High Court CR. MISC. No.64665 of 2024(2) dt.17-10-2024 2/3 the place of occurrence and found the dead body of his daughter, thus alleges that the accused persons killed his daughter as they used to torture her for dowry.

4. The learned counsel for the petitioners submits that petitioners have been falsely implicated in the instant case by the informant being father-in-law, brother-in-laws (Bhaisur) and sister-in-law (Gotani) of the deceased. It is next submitted that from perusal of the allegation as alleged in the FIR, it would manifest that the allegation with regard to demand of dowry and torture appears to be vague. It is next submitted that informant has not even disclosed the date of marriage of her daughter with Chitranjan. It is next submitted that Chitranjan was married to the deceased about three years ago and out of the wedlock a child was born. It is next submitted that the victim committed suicide on account of dispute with her husband. It is also submitted that whenever any occurrence of the nature as alleged takes place, the entire family members are implicated in a mechanical manner with general, omnibus and ornamental allegations. It is also submitted that husband of the deceased is in custody.

5. The learned APP opposes the anticipatory bail application.

Patna High Court CR. MISC. No.64665 of 2024(2) dt.17-10-2024 3/3

6. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks, are directed to be released on anticipatory bail on their furnishing bail-bonds in the sum of Rs.10,000 /- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Danapur, Patna in connection with Khirimore P.S. Case No.119 of 2024, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) Prakash Narayan U T