Jhagaru Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81480 of 2023 Arising Out of PS. Case No.-55 Year-2023 Thana- KOTWA District- East Champaran ====================================================== 1.
JHAGARU RAM S/O LATE RAM JI RAM VILLAGECHITARIYA,PS.KOTWA, DIST. EAST CHAMPARAN 2.
RAMPATI DEVI @ SAMPATIYA DEVI W/O JHAGARU RAM VILLAGE- CHITARIYA,PS.KOTWA, DIST. EAST CHAMPARAN ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sangeet Deokuliar For the Opposite Party/s :
Mr. J.N.Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 05-03-2024 Heard the learned counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest for the offences alleged under Sections 304B and 201/34 of the Indian Penal Code, registered in connection with Kotwa P.S.Case No. 55 of 2023/G.R.Case No. 1108 of 2023.
3. As per the allegation, the deceased was tortured by husband and in-laws for a motor-cycle and Rs. 1,00,000/- cash. Due non fulfilment of their demand, they killed the deceased.
4. The learned counsel for the petitioners has submitted that the petitioners, who are father-in-law and mother-
Patna High Court CR. MISC. No.81480 of 2023(3) dt.05-03-2024 2/3 in-law of the deceased, have no concern with the day-to-day affairs with the couple. He has submitted further that the FIR itself shows that there is allegation of non-fulfilment of demand of Apache motor-cycle and Rs. 1,00,000/- cash. The FIR was lodged after one month of the occurrence and the husband is in custody. The petitioners being old men have nothing to do with the Apache motor-cycle. They are the persons of clean antecedents.
5. On the other hand, the learned APP has opposed the prayer for anticipatory bail and submitted that the accused persons committed dowry death of the victim within five years of her marriage. In paragraphs- 20 and 21 of the case diary, the statements of the independent witness were recorded which shows that on the day of occurrence, altercation took place between the husband and wife and the husband slapped his wife who committed suicide.
6. Considering the above facts and circumstances, let the petitioners above-named, in the event of their arrest or surrender within four weeks from the date of communication of this order, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned CJM, Motihari, East
Patna High Court CR. MISC. No.81480 of 2023(3) dt.05-03-2024 3/3 Champarn, in connection with Kotwa P.S.Case No. 55 of 2023/G.R.Case No. 1108 of 2023, subject to the conditions as laid down under Section 438(2) Cr. P.C.
(Nawneet Kumar Pandey, J) HR/- U T