Lochan Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17390 of 2019 Arising Out of PS. Case No.-43 Year-2018 Thana- CHAKAND District- Gaya ====================================================== 1.

LOCHAN CHAUDHARY Son of Jagan Chaudhary Resident of villageMadan Bigha, P.S.-Chakand, District-Gaya. 2.

Ravi Ranjan Chaudhary Son of Lochan Chaudhary Resident of VillageMadan Bigha, P.S-Chakand, District-Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 28-03-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners being, the father and brother of the husband of the victim, are languishing in custody since 26.06.2018 in a case registered for the offences punishable under Section 302/34 of the Indian Penal Code. The prosecution case got initiated on the basis of written report of Lila Devi submitted before the Station House Officer, Chakand Police Station is to the effect that on 28.04.2018, at about 9-10 A.M., the husband of the sister of the informant informed the informant that his family members are assaulting his sister and her children. After having received

Patna High Court CR. MISC. No.17390 of 2019(2) dt.28-03-2019 2/3 such information, the informant went to the in-laws house of her sister and found her sister lying unconscious on a cot and all the children of her sister were also lying unconscious in a government school building. It is alleged that when the informant enquired about the incident, all the accused persons started abusing and assaulting the informant. Subsequently, the informant was taken to Piligram hospital from where, she was referred to Magadh Medical College Gaya, where she conveyed the informant that she and her children were brutally assaulted by the in-laws family members. Subsequently, the informant and her all children died in course of treatment.

It is submitted by learned counsel for the petitioners that the petitioners have been implicated in this case maliciously. In fact, the victim had three daughters and had no son, hence she went under depression and committed suicide. It is further submitted that the accusation of assaulting is omnibus and general and moreover, the thrust of accusation is against the husband of the victim. It is further submitted that mother-in-law of the victim Gulavi Devi, has been granted bail by a Co-ordinate Bench of this Court vide order dated . 20.09.2018 passed in Criminal Miscellaneous No. 47143 of 2018.

Patna High Court CR. MISC. No.17390 of 2019(2) dt.28-03-2019 3/3 Learned APP for the State submits that the victim and her three children have been killed.

Considering the accusation being omnibus and general and similarly situated co-accused has been granted bail, let the above named petitioners be released 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 ACJM-VI, Gaya in connection with Chakand P.S. Case No. 43 of 2018.

(Dinesh Kumar Singh, J) Ashwini/- U T