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Patna High CourtCR. MISC./1648/2017bail granted

Raju Choudhary And ANR v. The State Of Bihar

2017-03-15Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1648 of 2017 Arising Out of PS.Case No. -176 Year- 2016 Thana -SIMRI District- BUXAR ======================================================

1. Raju Choudhary, Son of Lalan Choudhary,

2. Lalan Choudhary, Son of Ramadhar Choudhary, Both Residents of village - Gopalpur, P.S. Simari, District - Buxar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Satyapal Singh, Advocate For the Opposite Party/s : Mr. Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 15-03-2017 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners are languishing in custody for the offences punishable under Sections 304B/201/34 of the Indian Penal Code.

The petitioners are husband and father-in-law of victim Durga Devi. Durga Devi died after about 8 to 10 years of her marriage. There is allegation of demand of money for the business purpose from the parents of the deceased and on nonfulfilment of the demand torture was made to the deceased in different ways.

Submission of the petitioners is that presumption of dowry death is not there and whole allegation is just to

Patna High Court Cr.Misc. No.1648 of 2017 (3) dt.15-03-2017 2/2 pressurize after death of the victim. The petitioners are in custody since 14.11.2016.

Considering the nature of offences and the nature of evidence available, let petitioners, above named, be enlarged on bail on furnishing bail bond of Rs. 10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar/Successor Court in connection with Simari P.S. Case No. 176 of 2016. (Birendra Kumar, J) Mkr./- U T