Shatrudhan Chauhan Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2024)

Shatrudhan Chauhan Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2024)

What the court decided

AI extract

Outcome

Release of the above named petitioners 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 Court of A.D.J.-IV, Buxar, in connection with Rajpur P.S Case No. 247 of 2023.

Issue for consideration

Whether the three petitioners, held in custody in connection with Rajpur P.S Case No. 247 of 2023 (offences under Sections 304(B), 201/34 I.P.C., alleged dowry death), should be released on regular bail.

Court's answer

On perusal of the FIR, the impugned order and the period of custody, and considering the facts, circumstances and submissions made on behalf of the petitioners (including bail already granted to a co-accused on 21.03.2024, absence of criminal antecedents and custody since December 2023), the Court directed release of the above named petitioners 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 Court of A.D.J.-IV, Buxar, in connection with Rajpur P.S Case No. 247 of 2023.

Detailed headnote1 paragraphs

Bail granted — Regular bail allowed (oral order dated 27-03-2024) by Ramesh Chand Malviya, J., Patna High Court, Criminal Miscellaneous No.19776 of 2024 (arising out of Rajpur PS Case No. 247 of 2023, Buxar), to three accused — Shatrudhan Chauhan, Champa Devi and Lilawati Devi — described as father-in-law, mother-in-law and sister-in-law of the deceased, booked under Sections 304(B), 201/34 I.P.C. in a case prosecuted as dowry death due to non-fulfillment of demand of dowry. The Court perused the FIR, the impugned order and the period of custody, and weighed counsel's submissions: false implication claim, bail already granted to a co-accused vide order dated 21.03.2024 in Cr. Misc. No. 11742 of 2024, no criminal antecedent, and judicial custody since 11.12.2023 (two petitioners) and 16.12.2023. Despite opposition by the learned APP, all three were directed to be released on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Court of A.D.J.-IV, Buxar.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.19776 of 2024

Arising Out of PS. Case No.-247 Year-2023 Thana- RAJPUR District- Buxar

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Shatrudhan Chauhan Son Of Late Ramdeo Chauhan Resident Of VillageJalhara, Ps- Rajpur, Distt- Buxar

Champa Devi Wife Of Late Shatrudhan Chauhan Resident Of VillageJalhara, Ps- Rajpur, Distt- Buxar

Lilawati Devi Wfie Of Sanju Chauhan Resident Of Village- Jalhara, PsRajpur, Distt- Buxar

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Akhilesh Kumar Pandey For the Opposite Party/s : Mr.Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA

ORAL ORDER

2 27-03-2024

Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are in custody in connection with Rajpur P.S Case No. 247 of 2023 registered for the offences punishable under Sections 304(B), 201/34 of I.P.C.

As per prosecution case, It is a case of dowry death due to non-fulfillment of demand of dowry.

Learned counsel for the petitioners submits that petitioners have falsely been implicated in this case. It is further submitted that petitioners are father-in-law, mother-

Patna High Court CR. MISC. No.19776 of 2024(2) dt.27-03-2024 2/2

in-law and sister-in-law of the deceased. Co-accused has already granted bail by this Court vide order dated 21.03.2024 passed in Cr. Misc. No. 11742 of 2024. Petitioners have got no criminal antecedent as stated in para 3 of the petition. It is also submitted that petitioner are in judicial custody since 11.12.2023, 11.12.2023, 16.12.2023 respectively.

However, learned APP for the State oppose the prayer for regular bail of the petitioner.

On perusal of the FIR, impugned order and period of custody and also considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioners, let the above named petitioners be released 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 Court of A.D.J.-IV, Buxar in connection with Rajpur P.S Case No. 247 of 2023.

(Ramesh Chand Malviya, J)

Mayank/-

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