Munsi Chaudhary @ Bir Prakash Choudhary @ Bir Prakash Jaiswal And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.432 of 2019 Arising Out of PS. Case No.-320 Year-2018 Thana- GOGRI District- Khagaria ====================================================== 1.

MUNSI CHAUDHARY @ BIR PRAKASH CHOUDHARY @ BIR PRAKASH JAISWAL S/o Late Rajendra Prasad Choudhary Resident of Village-Chhotichak, P.S.-Gogri, District - Khagaria 2.

Renu Devi @ Renu Jaiswal W/o Munsi Choudhary @ Bir Prakash Choudhary @ Bir Prakash Jaiswal Resident of Village-Chhotichak, P.S.- Gogri, District - Khagaria 3.

Manjari Devi @ Manjari Kumari D/o Munsi Choudhary @ Bir Prakash Choudhary @ Bir Prakash Jaiswal Resident of Village-Chhotichak, P.S.- Gogri, District - Khagaria ... ... Appellant/s

Versus

THE STATE OF BIHAR ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Bharat Bhushan For the Respondent/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 28-02-2019 The appellants seek pre arrest bail in connection with SC/ST Gogri P.S. Case No. 320 of 2018, registered for offences punishable under Sections 498A of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act and Section 3 (i)(r)(s) of SC/ST Act. Allegation against the appellants who happens to be father in law, mother in law and sister in law (nanad) of the informant is of cruelty and torture in connection with demand of dowry and also of abuse by taking caste name.

At the very outset, learned counsel for the appellants has submitted that they were earlier given the benefit of Section 41(A) of

Patna High Court CR. APP (SJ) No.432 of 2019 dt.28-02-2019 2/2 Cr.P.C. and were released on personal bond. So far allegation against the appellants is concerned, the same is false and concocted and no such occurrence as alleged by the informant has ever taken place. Heard learned Special P.P. also.

Having heard both sides, considering the facts and circumstances of the case, this application is disposed of with direction to the appellants to surrender before the court below and pray for regular bail and if any such application is filed, the court below after considering the fact that earlier the appellants were given the benefit of Section 41(A) Cr.P.C., shall dispose of the prayer for bail of the appellants, if possible, on same day. Accordingly, this appeal is disposed of.

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