Upendra Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13241 of 2020 Arising Out of PS. Case No.-36 Year-2019 Thana- MAHKAR District- Gaya ====================================================== 1.

UPENDRA CHAUDHARY Son of Late Shiv Nandan Chaudhary Resident of Village - Hasanpur, Tola - Balbapar, P.S.- Mahkar, District - Gaya 2.

Shanti Devi Wife of Upendra Chaudhary Resident of Village - Hasanpur, Tola - Balbapar, P.S.- Mahkar, District - Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arbind Kumar Mr. Suresh Prasad For the Opposite Party/s :

Mr. Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-03-2020 Heard learned counsel for the parties.

The petitioners apprehend their arrest in Mahkar P.S. Case No. 36 of 2019 registered for the offence under Sections 304B, 201/34 of the Indian Penal Code.

Prosecution case is that petitioners along with coaccused persons used to torture the deceased for not fulfilling the dowry demands. It is further alleged that petitioners killed the deceased by giving poison to her and was cremated by them without giving information to the informant party. Learned counsel for the petitioners submits that petitioners have falsely been implicated in this case,petitioner no. 1 is father in law and petitioner no. 2 is mother in law. It is

Patna High Court CR. MISC. No.13241 of 2020(2) dt.04-03-2020 2/2 further submitted that no specific allegation has been attributed against the petitioners. It is further submitted that informant and his family members were present at the time of cremation of the deceased. Petitioners have clean antecedent.

Considering the aforesaid facts and circumstances as well as nature of accusation, in the event their arrest/surrender within a period of six weeks from today, let the above named petitioners be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IXth, Gaya in connection with Mahkar P.S. Case No. 36 of 2019, subject to the conditions as laid down under Section 438(2) of Cr.P.C.

(Prabhat Kumar Singh, J) SUMIT/- U T