Harakhu Chaudhary @ Harku Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 1976 of 2020 Arising Out of PS. Case No.-59 Year-2019 Thana- MAGADH UNIVERSITY District- Gaya ====================================================== 1.

Harakhu Chaudhary @ Harku Chaudhary aged about 70 years Male, S/o Late Bhagarith Chaudhary Resident of Village- Bara, P.S.- Magadh University, Distt- Gaya.

2.

Raj Kumari Devi aged about 65 years, Female W/o Harakhu Chaudhary @ Harku Chaudhary Resident of Village- Bara, P.S.- Magadh University, DisttGaya. 3.

Ishwar Chaudhary aged about 40 years, Male, S/o Harakhu Chaudhary @ Harku Chaudhary Resident of Village- Bara, P.S.- Magadh University, DisttGaya. 4.

Pramila Devi aged about 38 years, Female W/o Ishwar Chaudhary Resident of Village- Bara, P.S.- Magadh University, Distt- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhaskar Shankar For the Opposite Party/s :

Ms.Shaheen Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 26-02-2020 Heard learned counsel for the parties.

The petitioners apprehend their arrest in M.U. P.S. Case No. 59 of 2019 registered for the offence under Sections 304(B)/34 of the Indian Penal Code.

As per F.I.R., it is case of death of informant's daughter by her husband in connivance with petitioners, who are in-laws of deceased, by administering her poison. It is submitted on behalf of petitioners that petitioner no. 1 & 2 are father-in-law (aged about 70 years) and mother-inlaw (aged about 65 years) of deceased, whereas, petitioner no. 3 & 4 are Bhaisur (elder brother-in-law) and Gotni (wife of elder

Patna High Court CR. MISC. No.1976 of 2020(2) dt.26-02-2020 2/2 brother-in-law) of deceased and all have falsely been implicated in this case. It is further submitted that specific allegation is against husband of deceased, who is already in custody. There is general and omnibus allegation as also no case under Section 304(B) of the I.P.C. is made out. Petitioners are having no criminal antecedent.

Considering the aforesaid facts and circumstances as well as nature of accusation, in the event of their arrest/surrender within a period of six weeks from today, let the above named petitioners be enlarged on bail on furnishing bailbonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.- IXth, Gaya in connection with M.U. P.S. Case No. 59 of 2019 on the following conditions:

"(1) Petitioners shall cooperate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present, as directed by the Court and on their absence on two consecutive dates without sufficient reason, their bailbonds shall be cancelled by the Court below.

(2) If the petitioners tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail."

(Prabhat Kumar Singh, J.) anay U T