Paras Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12017 of 2024 Arising Out of PS. Case No.-639 Year-2023 Thana- SIWAN MUFFASIL District- Siwan ====================================================== 1.

Paras Chaudhary S/O Late Subhag Chaudhary R/O Village- Chhotpur, Ps.- Siwan Muffasil, Dist. Siwan.

2.

Kamlesh Yadav @KAMLESH Kumar @ Kanalesh Yadav S/O Paras Chaudhary R/O Village- Chhotpur, Ps.- Siwan Muffasil, Dist. Siwan. 3.

Puja Devi W/O Kamlesh Yadav @ Kamlesh Kumar R/O Village- Chhotpur, Ps.- Siwan Muffasil, Dist. Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gajendra Singh For the Opposite Party/s :

Mr.Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 11-03-2024 1.

Heard learned counsel for the petitioners and learned A.P.P. for the State.

2.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 304B, 201 and 34 of the Indian Penal Code.

3.

Learned counsel for the petitioners submits that the petitioners being father-in-law, brother-in-law (dewar) and sister-in-law (gotni) of the deceased, have been falsely implicated by the informant, who is mother of the deceased. It is submitted that the deceased was married to Mukesh Yadav, son of petitioner No. 1, in the year 2022. It is next submitted that

Patna High Court CR. MISC. No.12017 of 2024(2) dt.11-03-2024 2/3 petitioners are separate in mess and property and the husband of the deceased was having dispute relating to property with the petitioners. It is further submitted that from perusal of the allegation alleged in the FIR, it would manifest that though the case has been instituted under Section 304B of the IPC read with other sections, but then the husband of the deceased has not been made an accused. It is thus submitted that the petitioners have been made accused in the present case only with a view of coerce them into submission so that they part with the property in favour of the husband of the deceased.

4.

Learned APP along with learned counsel for the OP No. 2 opposes the prayer for anticipatory bail of the petitioners but are not in a position to rebut the submission of the learned counsel for the petitioners that the husband of the deceased with whom the deceased was married in the year 2022, has not been made an accused.

5.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) each with two sureties of the like amount each

Patna High Court CR. MISC. No.12017 of 2024(2) dt.11-03-2024 3/3 to the satisfaction of the learned trial court where the case is pending/successor court in connection with Siwan Mufassil P.S. Case No. 639 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) SUMIT/- U T