Gaya Nand Choudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14328 of 2023 Arising Out of PS. Case No.-323 Year-2022 Thana- AMAUR District- Purnia ====================================================== 1.
Gaya Nand Choudhary Son Of Shyam Lal @ Shobha Choudhary R/O Vill.- Basantpur, P.S.- Amour, Distt.- Purnea 2.
Lalit Kumar Son Of Shyam Lal @ Shobha Choudhary R/O Vill.- Basantpur, P.S.- Amour, Distt.- Purnea 3.
Sima Devi @ Veena Devi Wife Of Shyam Lal @ Shobha Choudhary R/O Vill.- Basantpur, P.S.- Amour, Distt.- Purnea 4.
Shyam Lal @ Shobha @ Shoma Choudhary Son Of Late Nathu Choudhary R/O Vill.- Basantpur, P.S.- Amour, Distt.- Purnea 5.
Ram Dev Choudhary Son Of Gaya Nand Choudhary R/O Vill.- Basantpur, P.S.- Amour, Distt.- Purnea 6.
Radha Devi Wife Of Ram Devi Choudhary R/O Vill.- Basantpur, P.S.- Amour, Distt.- Purnea 7.
Munni Devi @ Chunni Devi Wife Of Gaya Nand Choudhary R/O Vill.- Basantpur, P.S.- Amour, Distt.- Purnea ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajit Kumar Singh For the Opposite Party/s :
Mr.Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-07-2023 Heard both parties.
The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 302, 304B, 201/34 of the Indian Penal Code.
It is a case of dowry death.
It is submitted on behalf of the petitioners that thrust of accusation is against husband of the deceased. Petitioner no.
Patna High Court CR. MISC. No.14328 of 2023(4) dt.11-07-2023 2/3 2 is brother-in-law, petitioner no. 3 is mother-in-law and petitioner no. 4 is father-in-law of the deceased and they are living separately and have got no concern with the family affairs of the deceased and her husband. There is general and omnibus allegation against all the accused persons. Petitioner no. 1, petitioner no. 5, petitioner no. 6 and petitioner 7 are not the family members of the husband of deceased and have got no concern regarding family affairs of the deceased. As a matter of fact, due to accidental fire daughter of the informant burnt and died during course of treatment for which a UD Case No. 17 of 2022 was registered by none else than wife of the complainant and after a lapse of 26 days this complaint case was lodged for which there is no explanation. Petitioners claim clean antecedents.
Counsel for informant however vehemently opposed the prayer for bail and submitted that petitioners along with others committed the murder of the daughter of informant. Considering the facts aforesaid, the petitioners abovenamed, in the event of their arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten
Patna High Court CR. MISC. No.14328 of 2023(4) dt.11-07-2023 3/3 thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Purnea in connection with Amnour P.S. Case No. 323 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) vinita/- U T