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Patna High CourtCR. MISC./1964/2023bail granted

Nagendra Chaudhary v. The State Of Bihar

2023-04-11Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1964 of 2023 Arising Out of PS. Case No.-271 Year-2022 Thana- CHAKIA District- East Champaran ====================================================== 1.

Nagendra Chaudhary S/O Late Ram Vilas Chaudhary Resident Of VillageBhuwan Chapra, P.S.- Chakiya, District- East Champaran. 2.

Neelam Devi W/O Nagendra Chaudhary Resident Of Village- Bhuwan Chapra, P.S.- Chakiya, District- East Champaran. 3.

Niraj Kumar S/O Nagendra Chaudhary Resident Of Village- Bhuwan Chapra, P.S.- Chakiya, District- East Champaran. 4.

Puja Kumari W/O Raja Chaudhary @ Raj Chaudhary @ Lalan Chaudhary Resident Of Village- Mohan Chapra, P.S.- Motipur, District- Muzaffarpur. 5.

Raj Chaudhary @ Raja Chaudhary @ Lalan Chaudhary S/O Ramjivan Resident Of Village- Mohan Chapra, P.S.- Motipur, District- Muzaffarpur. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vishwajeet Kumar Mishra, For the Opposite Party/s :

Mr. Arbind Kumar Pandey ,(App84) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-04-2023 Heard learned counsel for the petitioners and the State.

Petitioners apprehend their arrest in a case registered for the offence punishable under sections 304 (B), 34 of the Indian Penal Code.

It is a case of dowry death.

Petitioner no. 1 is the Father-in-law, the petitioner no. 2 is the mother-in-law, petitioner no.3 is the brother-in-law (Devar) , petitioner no.4 is the sister-in-law(Nanad), petitioner no.5 is brother-in-law(Nandosi) of the deceased.

Patna High Court CR. MISC. No.1964 of 2023(2) dt.11-04-2023 2/2 Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case. It is further submitted that the petitioners are separate in mess and business. There is general and omnibus allegation against the petitioners and no overt act has been alleged against them.

Learned counsel for the informant vehemently opposed the bail petition.

Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioners, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the Court of Learned Judicial Magistrate- 1st Class, DistrictEast Champaran in connection with Chakiya P.S. Case No. 271 of 2022, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Kaushik/- U T