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2025 DAILYLAW 112357 (PAT)

Tarkeshwar Patel @ Tarkeshwar Prasad v. The State of Bihar

CR. MISC./41356/2025 · 2025-10-15

Partha Sarthy

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.41356 of 2025 Arising Out of PS. Case No.-37 Year-2025 Thana- DARAUNDA District- Siwan ====================================================== 1. Tarkeshwar Patel @ Tarkeshwar Prasad S/o Late Dhupnarayan Prasad R/o village- Pakari, P.S.- M.H Nagar, District- Siwan 2. Prabhawati Devi W/o Tarkeshwar Patel @ Takeshwar Prasad R/o village- Pakari, P.S.- M.H Nagar, District- Siwan 3. Meera Devi W/o Loknath Prasad R/o village- Pakari, P.S.- M.H Nagar, District- Siwan 4. Kiran Devi W/o Surendra Prasad R/o village- Baghauna, P.S.- Siswan, District- Siwan ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Raghav Prasad, Advocate Mr. Chandra Shekhar, Advocate Mr. Gunsagar Mahto, Advocate For the Opposite Party/s : Mr. Aditya Narayan Singh.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 3 15-10-2025 1. Heard learned counsel for the parties. 2. The petitioners have preferred this application for grant of anticipatory bail apprehending their arrest in connection with Daraunda (M.H. Nagar) P.S. Case no.37 of 2025, registered under sections 80, 238 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. 3. As per the prosecution case, the informant states that his daughter was married to the son of petitioner nos.1 and 2 in June, 2023. Just a few months after the marriage, the accused persons started to torture his daughter for non- Patna High Court CR. MISC. No.41356 of 2025(3) dt.15-10-2025 2/3 fulfillment of the demand of dowry by way of Rs.4 lacs in cash, a refrigerator and a cooler. It is further stated that on 21.1.2023 the accused persons killed his daughter by hanging her and as such the case. 4. Learned counsel for the petitioners submits that the petitioners are the father-in-law, mother-in-law, gotani (sister-in- law) and the married nanad (sister-in-law) of the deceased. It is submitted that the parentage and relationship of the husband of the deceased as also the father-in-law of the deceased namely Tarkeshwar Patel has been wrongly described in the F.I.R. which would be clear from the contents of paragraph no.15 of the case diary. Tarkeshwar Patel @ Tarkeshwar Prasad (petitioner no.1) is not the chachera sasur of the deceased as mentioned in the F.I.R. but is the father-in-law of the deceased and Prabhawati Devi (petitioner no.2) is his wife. It is further submitted that the petitioners have been falsely implicated in the case. The allegations of demand of dowry, torture etc. are all false and concocted. In course of investigation it has transpired that the deceased was found hanging on the rod inside the room. It has also come in course of investigation that the informant and his son i.e. the father and the brother of the deceased participated in the cremation. The petitioners have no criminal Patna High Court CR. MISC. No.41356 of 2025(3) dt.15-10-2025 3/3 antecedent and the husband of the deceased has been enlarged on bail vide order dated 8.10.2025 passed in Cr. Misc. no.47369 of 2025. 5. The application for anticipatory bail is opposed by learned A.P.P. for the State. 6. Having heard learned counsel for the parties and taking into consideration the allegations in the F.I.R., the material that has transpired in course of investigation, grant of regular bail to the husband of the deceased namely Subhash Prasad vide aforesaid order dated 8.10.2025 and the petitioners not having any criminal antecedent, it is directed that all the petitioners above named, in the event of their arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Daraunda (M.H. Nagar) P.S. Case no.37 of 2025 on each of them furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Siwan. avinash/- (Partha Sarthy, J) U T