Shiv Kumar Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15140 of 2023 Arising Out of PS. Case No.-90 Year-2022 Thana- DHANGAI District- Bhojpur ====================================================== 1.

SHIV KUMAR CHAUDHARY Son of Late Bhorik Chaudhary R/V- Kesari P.s- Dhangai Dist- Bhojpur 2.

Mantu Chaudhary son of Shiv Kumar Chaudhary R/V- Kesari P.s- Dhangai Dist- Bhojpur 3.

Mahabir Chaudhary Son of Shiv Kumar Chaudhary R/V- Kesari P.sDhangai Dist- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-05-2023 At the outset of argument learned counsel for the petitioners seeks permission to withdraw the anticipatory bail petition of petitioner No.3.

Prayer is allowed.

This anticipatory bail petition is dismissed as withdrawn against petitioner No. 3.

Heard learned counsel for the petitioners and the State.

Petitioners No. 1 & 2 apprehend their arrest in a case registered for the offence punishable under Section 304B/ 201/34 of the Indian Penal Code.

It is a case of dowry death.

Learned counsel appearing for the petitioners submits

Patna High Court CR. MISC. No.15140 of 2023(2) dt.18-05-2023 2/2 that petitioners are innocent and have falsely been implicated in the case. Petitioners are in-laws of the deceased. It is further submitted that thrust of accusation is against the husband of the deceased, who is in custody and so far these petitioners are concerned, allegation is general and omnibus. Petitioners are separate from the deceased in mess and property. Petitioners have got clean antecedent.

Learned counsel appearing for the State opposes the prayer for anticipatory bail.

Considering the facts of the case and clean antecedent of the petitioners, let the petitioners No. 1 & 2, above named, in the event of their arrest/ surrender within a period of six weeks from today shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial MagistrateI, Bhojpur, Ara in connection with Dhangai PS case No. 90/ 2022, subject to conditions laid down u/s 438(2) of the Cr. P. C. (Prabhat Kumar Singh, J) BKS/- U T