The Allahabad High Court rejected an application for anticipatory bail under Section 482 BNS filed by a father-in-law and mother-in-law accused of dowry harassment leading to their son-in-law's suicide, stating no relief can be indulged at this stage.
Application for anticipatory bail rejected.
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Neutral Citation No. - 2024:AHC:193286
Court No. - 69
Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 11462 of 2024 Applicant :- Ratnakar Pandey And Another Opposite Party :- State of U.P. Counsel for Applicant :- Rohit Pandey,Yogesh Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Ashutosh Srivastava,J.
Heard Shri Rohit Pandey, learned counsel for the applicants, Shri P. S. Sharma, learned counsel for the informant, Sri Rajesh Kumar Singh, learned A.G.A. for the State/Opposite Party, and perused the material placed on record.
This application under Section 482 of B.N.S. has been filed seeking anticipatory bail of the applicants, Ratnakar Panday and Saroja Devi @ Saroj Panday, in Case Crime No. 171 of 2024, under Sections 80(2), 85 of B.N.S. and Section 3/4 of the D.P. Act, Police Station Syed Raza, District Chandauli.
Learned counsel for the applicants submits that the applicants have been falsely implicated in the instant case. The applicants are the father-in-law and mother-in-law of the deceased. The deceased was married to the son of the applicants on 12.03.2023. As per the allegations in the first information report, the applicants were demanded Rs. 10 Lacs and one Car as dowry and as a result of harass being made by the applicants, the victim has committed suicide. As per postmortem report, the cause of death of the deceased is Asphyxia due to anti-mortem hanging. He further submits that the son of the applicants had performed the lovemarriage with the deceased and it is not a case of demand of dowry. He submits that the present case is an offence under Section 306 I.P.C. The applicants, in no manner, abetted the commission of suicide by the deceased. The applicants have no criminal antecedents. It is next submitted that the investigation is going on and the applicants have apprehension of their arrest in the above mentioned case.
Learned A.G.A. and counsel for the informant have opposed the prayer for anticipatory bail. He submits that the applicants were demanding dowry and due to harassment made by the accused, the deceased committed suicide as such no relief can be granted to the applicants in the present case.
Having regard to the submissions made by learned counsel for the applicants, considering the nature of accusations, antecedents of the applicant and the fact that as per the allegations in the first information report, no indulgence can be granted to the applicants at this stage.
Without commenting on merits of the case, the anticipatory bail application of the applicants, Ratnakar Panday and Saroja Devi @ Saroj Panday is rejected.
Order Date :- 10.12.2024 pks
Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad
1 issue framed by the court
Whether anticipatory bail can be granted to applicants accused of dowry-related harassment causing suicide.
1 provisions across 1 enactments
Ratnakar Pandey
Saroja Devi @ Saroj Panday
State of U.P.
Ashutosh Srivastava
As recorded by the court registry
2 orders share this CNR
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