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2025 DAILYLAW 42423 (PAT)

Jalavati Devi v. The State of Bihar

CR. MISC./32288/2025 · 2025-05-21

Arun Kumar Jha

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.32288 of 2025 Arising Out of PS. Case No.-98 Year-2024 Thana- CHIRAIYA District- East Champaran ====================================================== 1. Jalavati Devi W/o- Mahavir Sah Resident of Village- Birta Tola PS- Chiraiya District- East Champaran at Motihari 2. Mahavir Sah S/o- Yugul Sah Resident of Village- Birta Tola PS- Chiraiya District- East Champaran at Motihari 3. Tinku Sah S/o- Mahavir Sah Resident of Village- Birta Tola PS- Chiraiya District- East Champaran at Motihari 4. Raj Kishore Sah @ Harikishore Sah S/o- Bindeshwari Sah Resident of Village- Birta Tola PS- Chiraiya District- East Champaran at Motihari 5. Sangita Devi W/o- Raj Kishore Sah Resident of Village- Birta Tola PS- Chiraiya District- East Champaran at Motihari ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Yashraj Bardhan, Advocate For the Opposite Party/s : Mr.Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 2 21-05-2025 Heard learned counsel for the petitioners and learned APP for the State. 2. In this present case, the petitioners are apprehending their arrest in connection with Chiraiya P.S. Case No. 98 of 2024, registered on 12.03.2024 for the offences under Sections 304-B and 34 of the Indian Penal Code. 3. As per prosecution case, the daughter of the informant was married with co-accused Pinku Sah, son of petitioner nos. 1 and 2. Allegation is that the petitioners and other co-accused used to demand dowry and torture the daughter Patna High Court CR. MISC. No.32288 of 2025(2) dt.21-05-2025 2/3 of the informant. Ultimately daughter of the informant was killed by the petitioners and other co-accused on non-fulfillment of this dowry demand. 4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. Petitioners are in-laws of the deceased and they are parents-in-law, brothers-in-law (dewar) & (nandosi) and sister- in-law (nanad), respectively. These petitioners have been living separately from co-accused Pinku Sah for last 10 years and they have separate Ration Card. Co-accused Pinku Sah, husband of the deceased, is in custody since 28.06.2024 and charges have been framed on 11.11.2024. There is general and omnibus allegation against the petitioners and there is no specific instance of any demand of dowry. The deceased was a short tempered lady and she committed suicide due to quarrel with her husband and these petitioners have no role in her death. Petitioners are having clean antecedent. 5. Learned APP opposes the prayer for anticipatory bail. Learned APP submits that it is a case of dowry death and petitioners are relatives of the deceased. 6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the Patna High Court CR. MISC. No.32288 of 2025(2) dt.21-05-2025 3/3 fact that petitioners are in-laws of the deceased and allegations are general and omnibus and further considering clean antecedent of petitioners coupled with possibility of false implication, let the petitioners, in the event of their arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Dhaka, East Champaran/ concerned court in connection with Chiraiya P.S. Case No. 98 of 2024, subject to the conditions as laid down under Section 482(2) of the B.N.S.S. and other following conditions: (i) One of the bailors will be a close relative of the petitioners. (ii) The petitioners will remain present on each and every date fixed by the court below, if so required by the learned trial court. balmukund/- (Arun Kumar Jha, J) U T