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Patna High CourtCR. MISC./954/2020bail granted

Mahaveer Chaudhary v. The State Of Bihar

2020-06-17Mr. Justice Sudhir Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.954 of 2020 Arising Out of PS. Case No.-175 Year-2019 Thana- BAIRIYA District- West Champaran ====================================================== 1.

MAHAVEER CHAUDHARY Son of Dasrath Chaudhary Resident of Village - Majhariya Bangali Colony, P.S.- Bairiya, Distt.- West Champaran. 2.

Babloo Chaudhary @ Bablu Kumar Chaudhary Son of Mahaveer Chaudhary Resident of Village - Majhariya Bangali Colony, P.S.- Bairiya, Distt.- West Champaran.

3.

Bipin Chaudhary @ Bipin Kumar Chaudhary Son of Mahaveer Chaudhary Resident of Village - Majhariya Bangali Colony, P.S.- Bairiya, Distt.- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-06-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading "For Orders" under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 304B, 201/34 of the Indian Penal Code.

Allegation against the petitioners is of committing torture and caused death of the victim due to non-fulfillment of demand

Patna High Court CR. MISC. No.954 of 2020(3) dt.17-06-2020 2/3 of dowry.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioner No. 1 is father-in-law whereas petitioner Nos. 2 & 3 are brothers-in-law of the deceased. They are separate in mess and property from husband of the deceased. They have no concern with the alleged occurrence. On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case and also the lockdown, the petitioners, above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on their personal bond to the satisfaction of learned Additional Chief Judicial Magistrate-Ist, Bettiah, West Champaran in connection with Bairiya P.S. Case No. 175 of 2019 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioners shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of seven

Patna High Court CR. MISC. No.954 of 2020(3) dt.17-06-2020 3/3 weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) A.K.V.//- U T