Anil Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8907 of 2023 Arising Out of PS. Case No.-365 Year-2022 Thana- NARHATT District- Nawada ====================================================== 1.

ANIL CHAUHAN Son of Krishna Chouhan Resident of Village - Punaul, P.S.- Narhat, District - Nawada.

2.

Nakul Chauhan Son of Krishna Chouhan Resident of Village - Punaul, P.S.- Narhat, District - Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sudhir Kumar Sinha,Adv.

For the Opposite Party/s :

Mr.Md. Shakir Ahmad,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-05-2023 Heard the learned counsel for the petitioners and the learned A.P.P. for the State. The petitioners apprehend their arrest in connection with Narhat P.S. Case No.365 of 2022, registered for the offences punishable under Sections 304(B), 201 and 120(B) of the Indian Penal Code.

The accused persons including the petitioners herein, who are the brothers-in-law of the deceased victim lady are stated to have killed the deceased victim lady on account of nonfulfillment of demand for dowry.

Patna High Court CR. MISC. No.8907 of 2023(2) dt.19-05-2023 2/3 The learned counsel for the petitioners has submitted that the petitioners are innocent, they have been falsely implicated in the present case and they are having a clean antecedent. The learned counsel for the petitioners has further submitted that a general and omnibus allegation has been levelled and as far as the husband of the deceased victim lady is concerned, who may be the main accused, has already surrendered before the learned Court below on 04.11.2022 and is languishing in custody. It is also submitted that the father-in-law and mother-in-law have already been granted bail by a co-ordinate Bench of this Court vide order dated 18.04.2023, passed in Criminal Miscellaneous No.7578 of 2023.

Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials

Patna High Court CR. MISC. No.8907 of 2023(2) dt.19-05-2023 3/3 available on record as also considering the parity of the case of the petitioners with that of the coaccused persons, who have already been granted the privilege of anticipatory bail, I deem it fit and proper to admit the petitioners herein to the privilege of anticipatory bail.

Accordingly, the petitioners, above named, are directed to be released on anticipatory bail in the event of their arrest/surrender before the court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Nawada in connection with Narhat P.S. Case No.365 of 2022, subject to the conditions as stipulated under Section 438(2) of the Code of Criminal Procedure.

(Mohit Kumar Shah, J) sonal/S.SbU T