Arjun Chaudhary And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17289 of 2015 Arising Out of PS.Case No. -76 Year- 2014 Thana -NAWADA MUFFASIL District- NAWADA ======================================================

1. Arjun Chaudhary Son of Late Haro Chaudhary,

2. Chita Devi, wife of Arjun Chaudhary

3. Sandeep Kumar, son of Arjun Chaudhary,

4. Pradeep Kumar, son of Arjun Chaudhary, All resident of villageSonsihari, P.S. Muffasil, in the District- Nawada .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Deepak Kumar For the Opposite Party/s : Mr. Anil Kr.Singh(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 10-09-2015 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners being family members, namely, father-inlaw, mother-in-law and two brothers-in-law (dewar) of the deceased apprehend their arrest in connection with a case registered for the offences punishable under Sections 304(B)/34 of the Indian Penal Code.

Learned counsel for the petitioners submits that the allegation is squarely against the husband of the deceased who had been quarrelling with the deceased off and on. It is submitted that it was only a fit of rage that the deceased consumed some poison which fact has been found to be true in the post-mortem report. So far as the other inmates are concerned, there is no specific

Patna High Court Cr.Misc. No.17289 of 2015 (4) dt.10-09-2015 P2/2 allegation against them.

Learned counsel for the State after perusing the case diary submits that there is no further material in the case diary but the viscera has been sent for examination.

Considering the nature of allegation made against these petitioners and that husband has been held to be squarely responsible for the quarrel between the deceased and himself, let the petitioners abovenamed, in the event of their arrest / surrender within a period of three weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the each amount to the satisfaction of the learned Chief Judicial Magistrate, Nawada in connection with Muffasil P.S. Case No. 76 of 2014 subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Anjana Mishra, J) Saif/- U T