Hira Chaudhary @ Hiralal Chaudhary Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Hira Chaudhary @ Hiralal Chaudhary Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petitioner no. 2, Shanti Devi, to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each, to the satisfaction of the learned Sub Divisional Judicial Magistrate, Daudnagar, Aurangabad, in connection with Goh P.S. Case No. 313 of 2024.

Issue for consideration

Whether petitioner no. 2, Shanti Devi (mother-in-law of the deceased), is entitled to be released on bail in connection with Goh P.S. Case No. 313 of 2024, instituted for offences punishable under Sections 191(2), 191(3), 190, 126, 115(2), 118, 109, 80 and 103 of the Bhartiya Nyaya Sanhita, 2023.

Ratio / Principle

Having considered the facts and circumstances and the submissions of counsel, the court directed that petitioner no. 2, Shanti Devi, be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each, to the satisfaction of the learned Sub Divisional Judicial Magistrate, Daudnagar, Aurangabad, in connection with Goh P.S. Case No. 313 of 2024.

Detailed headnote1 paragraphs

Bail granted — Patna High Court (Khatim Reza, J; order dated 13-05-2025 in Criminal Miscellaneous No. 8031 of 2025) allowed the bail prayer of petitioner no. 2, Shanti Devi, mother-in-law of the deceased, in Goh P.S. Case No. 313 of 2024 (Thana Goh, District Aurangabad), instituted for offences punishable under Sections 191(2), 191(3), 190, 126, 115(2), 118, 109, 80 and 103 of the Bhartiya Nyaya Sanhita, 2023, wherein she and other accused are alleged to have killed the deceased due to non-fulfilment of demand of dowry. Counsel urged that she was innocent and falsely implicated, that there was no specific allegation against her distinct from co-accused already enlarged (the dowry-demand allegation being against the father-in-law and brother-in-law), no incriminating case-diary material, that the husband of the deceased was in custody, that she was in custody 22.10.2024 without criminal antecedents and that the charge-sheet had been submitted; the APP opposed. Petitioner no. 1 (father-in-law) and petitioner no. 3 (brother-in-law) had already been granted bail by order dated 06.03.2025. Held: petitioner no. 2 released on bail on bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Daudnagar, Aurangabad.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.8031 of 2025

Arising Out of PS. Case No.-313 Year-2024 Thana- GOH District- Aurangabad

======================================================

Hira Chaudhary @ Hiralal Chaudhary, S/o Late prayag Chaudhary, Resident of Village saraiya P.S- Goh Dis.-Aurangabad

Shanti Devi W/o Hira Chaudhary @ Hiralal Chaudhary Resident of Village saraiya P.S- Goh Dis.-Aurangabad

Mantu Chaudhary @ Mantu Kumar S/o Hira Chaudhary @ Hiralal Chaudhary, Resident of Village saraiya P.S- Goh Dis.-Aurangabad

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Ranjit Kumar, Advocate For the Opposite Party/s : Mr. Madhuri Lata, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER

3 13-05-2025

Vide order dated 06.03.2025, petitioner no. 1, namely, Hira Chaudhary and Petitioner no. 3, namely, Mantu Chaudhary @ Mantu Kumar, who were the father-in-law and brother-in-law respectively of the deceased, have been granted bail and with regard to petitioner no. 2 who is the mother-in-law, case diary was called for which is available on record.

Heard learned counsel for the petitioner no. 2 and

learned A.P.P. for the State.

The petitioner no. 2 seeks bail in connection with Goh P.S. Case No. 313 of 2024 dated 04.01.2025 instituted for the offence punishable under Sections 191(2), 191(3), 190, 126,

Patna High Court CR. MISC. No.8031 of 2025(3) dt.13-05-2025 2/3

115(2), 118, 109, 80, 103 of Bhartiya Nyaya Sanhita, 2023.

The prosecution case, in short, is that petitioner no.

2 and other accused persons are alleged to have killed the deceased due to non-fulfillment of demand of dowry.

Learned counsel for the petitioner no. 2 submits that the petitioner is innocent and she has been falsely implicated in this case. Learned counsel for the petitioner no. 2 submits that there is no specific allegation against the petitioner no. 2 rather the allegation against the petitioner no. 2 is same and similar to these accused persons who have been granted bail. However the allegation of demand of dowry is against father-in-law and brother-in-law of the deceased. Learned counsel for the petitioner submits that there is no material against the petitioner in the case diary to implicate her with the present crime. The husband of the deceased is in custody. Lastly, it has been submitted that the petitioner no. 2 is in custody 22.10.2024 having no criminal antecedents. Charge-sheet has been submitted in the case.

Learned A.P.P. for the State opposed the prayer for bail of the petitioner no. 2.

Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let

Patna High Court CR. MISC. No.8031 of 2025(3) dt.13-05-2025 3/3

the petitioner no. 2, namely, Shanti Devi be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Daudnagar, Aurangabad in connection with Goh P.S. Case No. 313 of 2024.

(Khatim Reza, J)

premchand/-

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