Chandrma Shah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76223 of 2023 Arising Out of PS. Case No.-556 Year-2022 Thana- DARIYAPUR District- Saran ====================================================== 1.

CHANDRMA SHAH son of Late Amirika Shah Village- Konhwa PsDariyapur Dist- Saran 2.

Lalan Shah @ Lalan Kumar Shah son of Chandrma Shah Village- Konhwa Ps- Dariyapur Dist- Saran 3.

Sonalal Kumar @ Gorakh son of Chandrma Shah Village- Konhwa PsDariyapur Dist- Saran 4.

Rupa Devi wife of Lalan Shah Village- Konhwa Ps- Dariyapur Dist- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Kumar Singh, Advocate For the Opposite Party/s :

Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 25-04-2025

1. Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest in connection with Dariyapur P.S. Case no.556 of 2022 registered under Sections 302, 304B and 34 of the Indian Penal Code.

3. As per the prosecution case, the informant states that he married her daughter with one Baban Kumar. 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 08.10.2022 he received an information

Patna High Court CR. MISC. No.76223 of 2023(8) dt.25-04-2025 2/3 from his son-in-law that his daughter was died due to heart attack.

4. It is submitted by learned counsel for the petitioners that the petitioner no. 1 is the father-in-law, petitioner nos.2 and 3 are the brothers-in-law and petitioner no. 4 is the sister-in-law. There is general and omnibus allegation leveled against them in the F.I.R with regard to demand of dowry and torture. The husband of the deceased informed the family of the deceased about the said occurrence. The petitioners are also staying separate in mess from their son and the deceased. He further submits that from the post-mortem report of the deceased wherein cause of death had been shown by asphyxia due to hanging. The petitioners have no criminal antecedent and undertake to co-operate in case/trial.

5. The application for bail is opposed by learned APP for the State on the ground that the case is under 304B of the Indian Penal Code.

6. Considering the fact that the petitioners are the inlaws of the deceased also considering the fact that the husband of the deceased was taken into custody and subsequently released on bail under the provisions of Section 167 of the Cr.P.C, it is directed that the petitioners, above named, having

Patna High Court CR. MISC. No.76223 of 2023(8) dt.25-04-2025 3/3 no criminal antecedent in the event of their arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Dariyapur P.S. Case no.556 of 2022 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 A.C.J.M-1st Class, Saran at Chapra, 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