Bachcha Rai @ Bachcha Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75095 of 2024 Arising Out of PS. Case No.-194 Year-2024 Thana- KOTWA District- East Champaran ====================================================== 1.
Bachcha Rai @ Bachcha Yadav, aged about 59 years, Male, son of Bharat Rai, 2.
Prabhawati Devi, aged about 58 years, wife of Bachcha Rai @ Bachcha Yadav, 3.
Mahesh Yadav @ Mahesh Kumar Yadav, aged about 27 years (Male), son of Bachcha Rai @ Bachcha Yadav, All resident of Village and P.O. - Sobeya, P.S.- Kotwa, District- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Binod Kumar Singh, Advocate Ms. Alka Singh, Advocate For the Opposite Party/s :
Mr. Anish Chandra, APP For the Informant :
Mr. Madhurendra Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 29-01-2025 Heard learned counsel for the petitioners; learned Additional Public Prosecutor for the State and learned counsel for the informant, who has appeared suo motu.
2. The petitioners apprehend arrest in connection with Kotwa PS Case No.194 of 2024 dated 12.07.2024, instituted under Sections 103 and 80 of the Bhartiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that the informant's daughter was married to Rakesh Yadav. The marriage was performed on 29.04.2022 with Hindu Rites and Rituals. On 11.07.2024, in the night, all the accused persons
Patna High Court CR. MISC. No.75095 of 2024(3) dt.29-01-2025 2/3 committed murder of the informant's daughter on account of non-fulfillment of demand of dowry.
4. Learned counsel for the petitioners submits that petitioner nos.1 and 2 are the parents-in-law of the deceased and the petitioner no.3 is the elder brother of the husband of the deceased. There is no specific allegation against the petitioners, rather, the allegation is general and omnibus. Further submission is that the petitioners are living separately from the husband of the deceased and they have no concern with day to day affairs of the deceased and her husband. It is also submitted that the husband of the deceased has surrendered on 13.11.2024 and since then he is in judicial custody. Lastly, it has been submitted that the petitioners have no criminal antecedents.
5. Learned APP as well as learned counsel for the informant has opposed the prayer for bail.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, East Champaran at Motihari,
Patna High Court CR. MISC. No.75095 of 2024(3) dt.29-01-2025 3/3 in Kotwa PS Case No.194 of 2024, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.
7. The application stands allowed.
(Khatim Reza, J) J. Alam/- U T