Awdesh Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74716 of 2024 Arising Out of PS. Case No.-120 Year-2024 Thana- DESARI District- Vaishali ====================================================== 1.
Awdesh Singh Son of Arjun Singh R/O Village- Jaffarabad P.S.- Dewari, Distt.- Vaishali 2.
Sarita Devi Wife of Awdesh Singh R/O Village- Jaffarabad P.S.- Dewari, Distt.- Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mukesh Kumar Singh, Adv.
For the Opposite Party/s :
Mr. Anish Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 29-01-2025 Heard Mr. Mukesh Kumar Singh, learned counsel for the petitioners and Mr. Anis Chandra, learned APP for the State.
2. The petitioners apprehend their arrest in connection with Desari P.S. Case No. 120/ 2024 dated 06.04.2024 registered for the offence(s) punishable under Section(s) 304B, 201 read with section 34 of the IPC.
3. As per the prosecution's story, the marriage of the informant's daughter with the son of the petitioners took place in the year 2020 and soon after the marriage the accused persons started torturing the deceased on account of non fulfillment of demand of dowry. On 01.04.2024 at about 10 AM the informant got an information on phone that her daughter had died. The
Patna High Court CR. MISC. No.74716 of 2024(3) dt.29-01-2025 2/3 informant raised suspicion that the petitioners along with six other accused persons had killed her daughter and disposed of her dead body.
4. The main submissions advanced by learned counsel for the petitioners are that the allegations levelled in the FIR are totally false, in fact, daughter- in-law of the petitioners died due to some health issues and thereafter the informant was immediately informed about the unnatural death of her daughter and then the deceased's parental family members came, participated in the cremation of the deceased and after that FIR was lodged afterthought after a gap of five days which in itself is sufficient to create a serious doubt in the prosecution's allegation. It is further submitted that the petitioners are fatherin-law and mother-in-law of the deceased and against them there is no specific allegation of demand of dowry and further, in the FIR the allegation as to demanding dowry is completely vague as the informant did not reveal the particular details of the alleged demand of dowry.
5. Learned APP appearing for the State has opposed the bail prayer of the petitioners.
6. Considering the seriousness of the occurrence which relates to the unnatural death of the daughter-in-law of
Patna High Court CR. MISC. No.74716 of 2024(3) dt.29-01-2025 3/3 the petitioners within four years of her marriage in the house of the petitioners and as per prosecution's story the dead body was disposed of by the accused persons and the case is under investigation, in my opinion, it is not a fit case for grant of anticipatory bail to the petitioners. Accordingly, their prayer stands rejected.
(Shailendra Singh, J) BKS/- U T