Ganesh Prasad Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12941 of 2022 Arising Out of PS. Case No.-276 Year-2021 Thana- BARARI District- Katihar ====================================================== 1.

Ganesh Prasad Choudhary S/o Late Upendra Prasad Choudhary Resident of Village- Jagdishpur, P.S.- Barari, District - Katihar. 2.

Munni Devi @ Munni W/o Mr. Ganesh Prasad Choudhary Resident of Village - Jagdishpur, P.S.- Barari, District - Katihar. 3.

Guddi Kumari @ Guddi D/o Ganesh Prasad Choudhary, W/o Mr. Shanti Nath Choudhary Resident of Village - Teen Gachiya Near Kali Mandir, P.S.- Katihar, District - Katihar. (In First Information Report Addressed mentioned as Village- Jagdishpur, P.S.- Barari, District - Katihar. ) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Malay Kumar Choudhary For the Opposite Party/s :

Mr. Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-11-2022 Heard learned counsel for the petitioners and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Barari P.S. Case no. 276 of 2021 instituted for the offence under Sections 304(B)/34 of the Indian Penal Code. It is a case of dowry death due to torture and misbehaving to the deceased by the accused persons along with the petitioners.

Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. They have falsely been implicated in this case. It is

Patna High Court CR. MISC. No.12941 of 2022(3) dt.07-11-2022 2/2 further submitted that the petitioners are in-laws of the deceased and the husband of the deceased namely, Bhanu Chaudhary has been already in judicial custody since 7 January 2022. The petitioners lived separately and have no concern with the deceased and her husband. They have got no criminal antecedent. Learned APP appearing for the state has opposed the prayer of anticipatory bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Barari P.S. Case no. 276 of 2021, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate III, Katihar subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) amandeep/- U