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Patna High CourtCR. MISC./12359/2025bail granted

Beyash Chaudhur @ Byas Chaudhur @ Vyas Chaudhur v. The State Of Bihar

2025-03-28Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12359 of 2025 Arising Out of PS. Case No.-29 Year-2024 Thana- MAHILA PS District- East Champaran ====================================================== 1.

Beyash Chaudhur @ Byas Chaudhur @ Vyas Chaudhur Son of Late Daroga Chaudhur Resident of Village - Hanuman Nagar, P.S. - Dhaka, District - East Champaran 2.

Vikash Chaudhur Son of Late Radhe Shyam Chaudhur Resident of Village - Hanuman Nagar, P.S. - Dhaka, District - East Champaran 3.

Ranjan Devi Wife of Late Radhe Shyam Chaudhur Resident of Village - Hanuman Nagar, P.S. - Dhaka, District - East Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Satya Kumari @ Kumari Satya Nanhi Wife of Akash Kumar, D/O- Arvind Singh At present resident of Village- Rajepur, P.S.- Nawada, P.s.- Pakaridayal, Distt.- East Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Madhurendra Kumar For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 28-03-2025

1. Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 85, 89, 115(2), 126(2) and 3(5) of the Bhartiya Nyaya Sanhita.

3. The learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and the informant alleges that she was married to Akash Kumar on

Patna High Court CR. MISC. No.12359 of 2025(2) dt.28-03-2025 2/3 29.02.2024. After marriage, the accused persons were demanding bullet motorcycle and an invertor and for nonfulfilment of the demand, she was assaulted leading to termination of a pregnancy for which she was treated by a doctor.

4. The learned counsel for the petitioners submits that petitioners have been falsely implicated in the instant case by the informant being the cousin father in-law, brother in-law and mother in-law respectively. It is further submitted that no doubt, allegation is of assault leading to termination of pregnancy, but then, there is no report of the doctor substantiating the said allegation. It is further submitted that whenever any dispute arises in between the husband and the wife, the entire family members are implicated in a mechanical manner with general and omnibus allegation. It is also submitted that petitioners will not abscond rather will cooperate in the investigation to prove their innocence.

5. Learned A.P.P. opposes the anticipatory bail application.

6. 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 Court below

Patna High Court CR. MISC. No.12359 of 2025(2) dt.28-03-2025 3/3 within a period of six weeks, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Sikrahana, East Champaran, Motihari in connection with Mahila P. S. Case No.29 of 2024, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

8. However, it is made clear that in the event, if any application is filed by the Investigating Officer before the learned trial Court bringing to its notice that petitioners, despite giving assurance to this Court, are not cooperating in the investigation or are not presenting himself as and when required, the learned trial Court shall be at liberty to cancel the bail bonds of the petitioners after recording reasons. (Satyavrat Verma, J) vikash/- U T