Shivnandan Chaurasiya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75463 of 2025 Arising Out of PS. Case No.-167 Year-2025 Thana- GOPALPUR District- Bhagalpur ====================================================== 1.
Shivnandan Chaurasiya S/O Late Kulo Chaurasiya R/O Vill.- Abhiya Bazar, P.S.- Gopalur, Dist.- Bhagalpur 2.
Parvati Devi W/o Shivnandan Chaurasiya R/O Vill.- Abhiya Bazar, P.S.- Gopalur, Dist.- Bhagalpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajesh Kumar For the Opposite Party/s :
Mr.Rabindra Kumar- A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-11-2025
1. Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners seek bail in anticipation of their arrest in Gopalpur P. S. Case No.167 of 2025 registered for the offences punishable under Sections 140(1), 140(3) and 3(5) of the B.N.S.
3. The learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and the informant alleges that his daughter aged about 28 years eloped and married Akshay Kumar in the Year 2012 and went to Gujarat and out of the wedlock, two children were born, who are aged about 07 years and 05 years. Further, the informant
2/4 gave Rs.5 Lacs to his daughter, who purchased land and constructed a house at Gujarat. Further, her daughter about 2-3 months back came to the village and got a house constructed, thereafter the accused persons started torturing her daughter. The victim accordingly informed him, thereafter a Panchayati was conducted and the issue was resolved. Further, since 18.05.2025, he had no contact with his daughter. On query, the accused disclosed that she has gone to Gujarat but on enquiry, it revealed that she has not reached Gujarat. It is next alleged that despite his best endeavour, the accused are not disclosing about the whereabouts his daughter, thus alleges that the accused persons have disappeared his daughter with an intention to kill with a view to usurp her property.
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 and mother in-law of the victim. It is next submitted that from perusal of the allegations as alleged in the FIR, it would manifest that informant himself alleges that his daughter married Akshay and the marriage was a love marriage and thereafter, they went to Gujarat. It is also submitted that petitioners live at village Abhiya at Bhagalpur. It is next submitted that no doubt, victim had come back to the
3/4 village and got a house constructed, but then, she left for Gujarat and thereafter, the petitioners are completely oblivious of whereabouts of the victim. It is further submitted that husband of the victim is in custody since 15.06.2025.
5. Learned A.P.P. Sri Rabindra Kumar vehemently opposes the anticipatory bail application and submits that specific allegation is alleged in the FIR that daughter of the informant came back to the village and there she got a house constructed and since 18.05.225, he is not in touch with his daughter and on query, the informant was informed by the petitioners that the victim has left for Gujarat, but then, when he inquired, then he came to know that victim till date has not reached Gujarat and is traceless. It is further submitted that it is difficult to comprehend at this stage that petitioners, being father in-law and mother in-law, are not aware of the whereabouts of the victim. It is also submitted that merely because husband is in custody that in itself is not a ground for granting the privilege of anticipatory bail to the petitioners when the investigation is in its nascent stages.
6. Considering the submissions made by the learned A.P.P., the Court is not inclined to extend the privilege of anticipatory bail to the petitioners.
4/4
7. The prayer of the petitioners for anticipatory bail stands rejected.
(Satyavrat Verma, J) vikash/- U T