Dinesh Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.87673 of 2024 Arising Out of PS. Case No.-104 Year-2024 Thana- BALRAMPUR District- Katihar ====================================================== 1.

Dinesh Thakur S/o- Sagar Thakur Resident of Village- Farsara PSBalrampur District- Katihar 2.

Vishokha Devi @ Vishwa Rekha Devi W/o- Dinesh Thakur Resident of Village- Farsara PS- Balrampur District- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimal Kumar For the Opposite Party/s :

Mr.Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-01-2025 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 offence under Sections 85, 109 of the Bhartiya Nagrik Suraksha Sanhita, 2023 and Section 3 / 4 of the Dowry Prohibition Act.

3. As per prosecution case, daughter of the informant was married with son of the petitioners 13 years ago and they used to torture her for dowry of Rs. Two lacs. It is alleged that on 14.08.2024, the informant learnt that her daughter was admitted in a hospital and as such, she sent her son and younger son-in-law and they came to know from the doctor that victim

Patna High Court CR. MISC. No.87673 of 2024(2) dt.20-01-2025 2/3 was subjected to Maarpeet and the sign of hanging was also present on her neck. The doctor also told that poison was also given to her and she was on ventilator and lastly, she died in course of treatment.

4. Petitioner no. 1 is father-in-law and petitioner no. 2 is mother-in-law of the daughter of informant. The marriage of deceased was solemnized with son of petitioners 13 years ago and out of the wedlock, two children were born, aged about 11 years and 8 years and as such, it cannot be believed that she was harassed for dowry or ill treated. However, thrust of the accusation is against husband of the deceased, who is already in custody. Petitioners are separate in mess and property and have got no concern with the affairs of deceased and her husband.

5. Learned A.P.P. for the State vehemently opposes the prayer for anticipatory bail of petitioners.

6. However, considering the aforesaid facts and circumstances, let the above named petitioners, in the event of arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Katihar in connection with Balrampur P.S. Case No. 104 of 2024, subject to condition as

Patna High Court CR. MISC. No.87673 of 2024(2) dt.20-01-2025 3/3 laid down under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.

(Prabhat Kumar Singh, J) anay U T