Bideshi Chaudhary And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18469 of 2019 Arising Out of PS. Case No.-102 Year-2017 Thana- KHAIRA District- Jamui ====================================================== 1.

BIDESHI CHAUDHARY Son of Late Beedo Chaudhary Resident of Jitjhingoi, P.S.-Khaira 2.

Bharat Chaudhary Son of Late Beedo Chaudhary Resident of Jitjhingoi, P.S.-Khaira 3.

Ranjeet Chaudhary @ Ranjeet Kumar Chaudhary Son of Bharat chaudhary Resident of Jitjhingoi, P.S.-Khaira 4.

Uday Chaudhary @ Uday Kumar Chaudhary Son of Bharat Chaudhary Resident of Jitjhingoi, P.S.-Khaira 5.

Malwa Devi Wife of Bharat Chaudhary Resident of Jitjhingoi, P.S.-Khaira ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prabhat Ranjan Singh For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 07-05-2019 This application, for grant of anticipatory bail, arises out of Khaira P.S. Case No. 102/2017, disclosing offences under Sections 341, 323, 324, 307, 504/34 of the Indian Penal Code and Section 302/201 of Indian Penal Code was added. Petitioner no. 1 is the husband of the deceased and other petitioners are family members of petitioner no. 1 and allegation against them is of setting the deceased on fire, due to which, she sustained burn injuries and succumbed to her injuries. Submission of learned counsel for the petitioners is that petitioners have falsely been implicated in this case and in fact the deceased had committed suicide and after supervision the case was

Patna High Court CR. MISC. No.18469 of 2019(3) dt.07-05-2019 2/2 found true under Section 306/201 of the Indian Penal Code . Learned counsel for the State opposed the prayer for bail and submitted as the petitioner no. 1 was having illicit relationship with another lady due to which the occurrence took place. Having heard both sides, considering the facts and circumstances so far petitioner no. 1 is concerned, I am not inclined to grant the privilege of anticipatory bail rather he should surrender before the court below and make prayer for regular bail, which will be considered by the court below on the merit of the case. So far other petitioners are concerned, in the event of their arrest or surrender before the court below within six weeks, they are directed to be released on bail on furnishing bail bond of Rs.

25,000/- (Rupees Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jamui, in connection with Khaira P.S. Case No. 102/2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

With the above observation and direction this application stand disposed of.

(Vinod Kumar Sinha, J) sunilkumar/- U T