Jai Choudhary And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.26827 of 2015 Arising Out of PS.Case No. -64 Year- 2015 Thana -JANDAHA District- VAISHALI(HAJIPUR) ======================================================
1. Jai Choudhary, son of Late Ram Eqbal Choudhary
2. Usha Devi, wife of Jai Choudhary
3. Dewanshu Kumar @ Jhunnu Choudhary son of Jai Choudhary All are resident of Village- Rasalpur, P.S.- Jandaha, District- Vaishali. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Nilesh Kumar For the Opposite Party/s : Mr. Harendra Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-09-2015 Heard learned counsel for the petitioners and the State. The petitioners are apprehending their arrest in a case instituted under Sections 498-A, 364/34 of the Indian Penal Code and Section 3 /4 of D.P.Act.
The allegation against the petitioners is of torturing the daughter of the informant for non-fulfilment of additional demand of dowry. It is further alleged that when the informant went to the house of his daughter, his daughter was not found. The informant got information from the villagers that his daughter has been done to death and her dead body has been disposed of. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. The
Patna High Court Cr.Misc. No.26827 of 2015 (3) dt.24-09-2015 2/2 petitioners have been made accused in the present case due to mistake of fact. The petitioners are separate from mess and property of the husband of the victim. They have no concern with the affairs of the victim and her husband. It is further submitted that petitioner no.1 is the father-in-law, petitioner no.2 is the mother-in-law and petitioner no.3 is the Devar of the victim. On behalf of the State and counsel for the informant, it has been submitted that the petitioners are named in the FIR.
Considering the aforesaid facts, let the above named petitioners, in the event of their arrest or surrender in the court below within a period of four weeks, 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 C.J.M., Vaishali at Hajipur in connection with Jandaha P.S.Case No. 64 of 2015, subject to the conditions as laid down u/s 438(2) Cr.P.C.
(Sudhir Singh, J) singh/- U T