Arjun Choudhary And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1580 of 2017 Arising Out of PS.Case No. -179 Year- 2016 Thana -SIRDALA District- NAWADA ======================================================

1. Arjun Choudhary S/o Late Gagagu Choudhary

2. Urmila Devi Wife of Arjun Choudhary Both residents of Village Rampur, P.S. Meskaur, District Nawada.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vishwa Ranjan Choudhary For the Opposite Party/s : Mr. Sri Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 03-04-2017 Heard the learned counsel for the petitioners as well as the learned A.P.P. for the State.

In this application for anticipatory bail the petitioners apprehend their arrest in connection with Sirdalla (Meskaur) P.S. Case No. 179 of 2016 for the offences punishable under sections 304 (B) and 201/34 of the I.P.C.

Shobha Kumari, the daughter of the informant, was married to Bikki Choudhary, the son of the petitioners and allegedly due to non fulfillment of demand of motorcycle she was being tortured and assaulted and ultimately she was killed and burnt by the petitioners and other in-laws including the husband. Submission is of false implication and that the petitioners are living separately since long from the husband of the deceased having no concern with the family affairs of the deceased

Patna High Court Cr.Misc. No.1580 of 2017 (3) dt.03-04-2017 2/2 or her husband, there is no specific allegation against the petitioners and the allegations are omnibus and general in nature, during investigation the independent witness Mathura Choudhary has stated that the deceased died due to diarrhea and this case has been lodged falsely, vide paragraph- 42 of the case diary, and as such the petitioners deserve sympathetic consideration as they are old father-in-law and mother-in-law.

The learned A.P.P. submits that other witnesses during investigation have supported the prosecution version. In the facts and circumstances as stated above, considering that against the petitioners there is no specific allegation and they are father-in-law and mother-in-law and further, as submitted, they are living separately and as such the petitioners, in case of their arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall 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. A.C.J.M-V, Nawada in connection with above mentioned case, subject to the conditions as laid down in section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) Abhay/- U T