Mahesh Chaupal And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2968 of 2018 Arising Out of PS.Case No. -210 Year- 2015 Thana -BAHERA District- DARBHANGA ======================================================

1. Mahesh Chaupal

2. Mithilesh Chaupal

3. Ghuran Chaupal .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Fahad Khurshid, Advocate For the Opposite Party/s : Mr.Asharaf Ansari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 13-02-2018 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners seek regular bail in connection with Bahera P. S. Case No. 210 of 2015 registered for offences punishable under Sections 304( B), 201 /34 of the Indian Penal Code.

The prosecution case is that the brother of Pramilla Devi filed a Complaint case in the Court of learned Additional Chief Judicial Magistrate, Benipur, Darbhanga which was referred to police under Section 156 (3) of the Cr. P. C. for lodging F.I.R. and police registered a case being Bahera P. S. Case No. 210 of 2015. The petitioner is husband of Pramilla Devi and the informant has alleged that on an account of non fulfillment of dowry, his sister was killed by the petitioner and her dead body was disposed of. However, after investigation, the police has

Patna High Court Cr.Misc. No.2968 of 2018 (3) dt.13-02-2018 2/2 submitted charge sheet under Section 364/34 of the Indian Penal Code against all the accused persons.

It is submitted by the learned counsel for the petitioners that the wife of the petitioner No. 1, herself left her house on 08.03.2015 and the petitioner had lodged a Sanha in P.S.- Kotla , Mubarakpur, District- South Delhi on 31.03.2015 with respect to his missing wife and on investigation, it has come that she was seen in April, 2015 by one of the villager of Biraul, District- Darbhanga and thereafter, she is traceless. It has been submitted that after investigation, police has submitted charge sheet against the petitioners. It has been further submitted that petitioners have no criminal antecedent and they are in custody since 09.09.2017.

Considering the facts and circumstances and the materials on record, let the petitioners, above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned 5th Additional Sessions Judge, Darbhanga in connection with Bahera P. S. Case No. 210 of 2015. (S. Kumar, J) Sudha/- U T