Badri Ram vs The State Of Bihar
2021 Latest Caselaw 1920 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  CRIMINAL MISCELLANEOUS No.33978 of 2020
        Arising out of PS. Case No.-326 Year-2019 Thana- DHAKA District- East Champaran
     ======================================================

1. Badri Ram, aged 70 years, Gender-Male, Son of Late Jagan Ram, Resident of Village-Phulwaria, P.S.-Dhaka, District-East Champaran.

2. Manorama Devi, aged about 39 years, Gender-Female, Wife of Shambhu Ram Resident of Village-Phulwaria, P.S.-Dhaka, District-East Champaran.

3. Sudha Kumari @ Sudhari Kumari, aged 18 years, Gender-Female, D/o Shambhu Ram Resident of Village-Phulwaria, P.S.-Dhaka, District-East Champaran.

4. Puja Kumari, aged about 19 years, D/o Shambhu Ram Resident of Village-

Phulwaria, P.S.-Dhaka, District-East Champaran.

5. Aarti Kumari @ Aarthi Kumari @ Arti Kumari, aged about 21 years, Gender-Female, D/o Shambhu Ram Resident of Village-Phulwaria, P.S.- Dhaka, District-East Champaran.

... ... Petitioner/s Versus The State of Bihar

... ... Opposite Party/s ====================================================== Appearance :

     For the Petitioner/s    :        Mr. Dhurendra Kumar, Advocate
     For the State           :        Mr. Nagendra Prasad, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 09-04-2021 The matter has been heard via video conferencing.

2. Heard Mr. Dhurendra Kumar, learned counsel for the

petitioners and Mr. Nagendra Prasad, learned Additional Public

Prosecutor (hereinafter referred to as the 'APP') for the State.

3. The petitioners apprehend arrest in connection with

Dhaka PS Case No. 326 of 2019 dated 30.08.2019, instituted under

Sections 304(B)/307/34 of the Indian Penal Code.

Patna High Court CR. MISC. No.33978 of 2020 dt.09-04-2021

4. The allegation against the petitioners is of being

instrumental in killing the sister of the informant for dowry within

one and half years of marriage.

5. Learned counsel for the petitioners submitted that

petitioner no.1 is the father-in-law, petitioner no. 2 the wife of the

elder brother of the husband of the deceased whereas petitioners

no.3, 4 and 5 are daughters of the petitioner no.2. It was submitted

that they are living separately and are also separate in mess and

they have no role with the family affairs of the deceased. It was

submitted that the sister of the informant died a natural death.

Learned counsel submitted that the petitioner no. 1 is 70 years old

having no role in the affairs of the family. Learned counsel

submitted that even in the FIR the allegation is totally against the

husband of the deceased and petitioner no. 2 and it is stated that

the petitioner no. 2 was in-charge of the affairs of the house.

Learned counsel submitted that the allegation is specifically only

against petitioner no. 2, and with mala fide intention only to harass

the entire family, petitioners no. 1, 3, 4 and 5 have also been made

accused. It was submitted that the petitioners do not have any

criminal antecedent.

6. Learned APP submitted that there is specific

allegation of demand of dowry and death has occurred within one Patna High Court CR. MISC. No.33978 of 2020 dt.09-04-2021

and half years of marriage in the matrimonial home. It was

submitted that there is no explanation as to how she died.

However, it was not controverted that the allegation is basically

against petitioner no. 2.

7. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, in the

event of arrest or surrender before the Court below within six

weeks from today, the petitioners no. 1, 3, 4 and 5 be released on

bail upon furnishing bail bonds of Rs. 25,000/- (twenty five

thousand) each with two sureties of the like amount each to the

satisfaction of the Sub Divisional Judicial Magistrate, Sikrahana,

Dhaka at East Champaran, Motihari in Dhaka PS Case No. 326 of

2020, subject to the conditions laid down in Section 438(2) of the

Code of Criminal Procedure, 1973 and further (i) that one of the

bailors shall be a close relative of the petitioners, (ii) that the

petitioners shall also give an undertaking to the Court that they

shall not tamper with the evidence or influence the witnesses. Any

violation of the terms and conditions of the bonds or the

undertaking shall lead to cancellation of their bail bonds. The

petitioners shall cooperate with the Court/police/prosecution.

Failure to cooperate shall also lead to cancellation of their bail

bonds.

Patna High Court CR. MISC. No.33978 of 2020 dt.09-04-2021

8. It shall also be open for the prosecution to bring any

violation of the foregoing conditions of bail by the petitioners, to

the notice of the Court concerned, which shall take immediate

action on the same after giving opportunity of hearing to the

petitioners.

9. The prayer for pre-arrest bail of petitioner no. 2,

namely Manorma Devi, is rejected.

10. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J)

Vikash/-

AFR/NAFR U T