Mahtav Devi @ Mahtavi Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70021 of 2025 Arising Out of PS. Case No.-171 Year-2024 Thana- NALANDA District- Nalanda ====================================================== 1.
Mahtav Devi @ Mahtavi Devi wife of Bhimsen Chaudhary Resident Of Village- Sadbhawana nagar, Ps- Nalanda, Dist- Nalanda 2.
Pintu Chaudhary Son of Bhimsen Chaudhary Resident Of VillageSadbhawana nagar, Ps- Nalanda, Dist- Nalanda 3.
Dharamvir Chaudhary @ Satish Chaudhary Son of Bhimsen Chaudhary Resident Of Village- Sadbhawana nagar, Ps- Nalanda, Dist- Nalanda ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Renu Devi Wife of Late Vinesh Chaudhary @ Late Dinesh Chaudhary Resident Of Village- Durgapur, Ps- Giriyak, Dist- Nalanda ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jagjit Roshan, Adv.
Mr. Anjani Kumar, Adv.
Mr. Prashant Ray, Adv.
For the Opposite Party/s :
Ms. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 14-10-2025
1. Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 80(1) and 3(5) of the B.N.S., 2023.
3. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and the informant alleges that his daughter was married to Pradip about an year and a half back, further after 3 months of marriage, the accused
2/4 persons including the petitioners started demanding Rs. 1 lakh in dowry, on account of non-fulfillment of the demand, the victim on several occasion was ousted from her matrimonial home, when informant assured that the demand would be fulfilled, the victim was allowed to stay in her matrimonial home, further on 19.10.2021, the victim again informed that she is coming to her parental home as she was being tortured but on 20.10.2021, the informant was informed by his villagers that his daughter was killed, accordingly he came to the place of occurrence and saw the dead body of his daughter lying on a bed, thus alleges that the accused persons for non-fulfillment of dowry demand killed her.
4. Learned counsel for the petitioners submits that petitioners have been falsely implicated in the instant case by the informant being mother-in-law and brother-in-law (Devar). It is next submitted that informant is not an eyewitness to the occurrence and the entire occurrence hinges around suspicion. It is also submitted that no doubt allegation of demand of dowry is alleged but then the allegation against the petitioners is general and omnibus in nature. It is further submitted that it absolutely does not stand to reason that if the victim was being ousted from her matrimonial home on several occasion for non-fulfillment of
3/4 the demand of dowry then why no FIR came to be instituted instantly. It is also submitted that whenever any dispute arises in between the husband and the wife and the occurrence of the nature as alleged takes place, the entire family members are implicated in a mechanical manner with general and omnibus allegation. It is next submitted that had the petitioners been involved in the occurrence in that event efforts would have been made to dispose of the dead body with a view to conceal evidence but then the dead body was found lying in the house and the same was sent for postmortem for ascertaining the cause of death. It is submitted that victim died on account of asphyxia. It is reiterated and submitted that had the petitioners been involved in the occurrence in that event efforts would have been made not to send the dead body for postmortem. It is next submitted that husband of the deceased in custody since 21.10.2024. It is also submitted that petitioners will not abscond rather will cooperate in the investigation to prove their innocence.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
6. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the
4/4 event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned trial court where the case is pending/successor court in connection with Nalanda P.S. Case No.171/2024, subject to the conditions as laid down under Section 482(2) of the B.N.S.S.
(Satyavrat Verma, J) amit/- U T