Mantosh Chaudhary And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.2316 of 2017 Arising Out of PS.Case No. -245 Year- 2016 Thana -DUMRAUN District- BUXAR ======================================================
1. Mantosh Chaudhary.
2. Jangali Chaudhary.
Both sons of Kanhaiya Chaudhary, Resident of village- Nenua, Police Station - Dumraon, district- Buxar.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr.
For the Opposite Party/s : Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER --------------- 01-03-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners seek bail in connection with Dumraon P.S. Case No.245 of 2016 registered under Sections 498(A), 304(B), 120(B) and 201 of the Indian Penal Code besides Sections 3/4 of the Dowry Prohibition Act.
The accusation of the informant is that the marriage of his sisters Suman Kumari and Kusum Kumari was performed in the month of May, 2015 in village-Dumraon with Mantosh Chaudhary (petitioner no.1) and Ramji Chaudhary, both sons of Kanhaiya Chaudhary, respectively. After marriage, his both sisters
Patna High Court Cr.Misc. No.2316 of 2017 (3) dt.01-03-2017 2/3 were being tortured by their husband and in-laws for demand of motorcycle and T.V. as dowry. Due to non fulfillment of the aforesaid demand of dowry, his one sister Suman Devi was killed by her husband Mantosh Chaudhary (petitioner no.1) and other inlaws and her dead body was concealed. Learned counsel appearing on behalf of the petitioners submits that the petitioner no.1 Mantosh Chaudhary is the husband and the petitioner no.2 Jangali Chaudhary is the elder brother-inlaw of the deceased Suman Devi. In fact, the deceased Suman Devi, one of the sisters of the informant, had gone to the field to attend the call of nature and, at that time, snake bite her. While the deceased Suman Devi was rushed to the hospital for treatment but she died in the way and, thereafter, her dead body was disposed of in the river. Further submission is that the petitioners are in custody since 03.11.2016.
Admittedly, the petitioner no.1 Mantosh Chaudhary is the husband of the deceased Suman Devi, who died within two years of her marriage at her matrimonial house. Having considered the facts and circumstances of the case and the nature of allegation against the petitioner no.1 Mantosh Chaudhary, who is husband of the deceased Suman Devi, I am not inclined to grant him bail. Accordingly, his prayer for
Patna High Court Cr.Misc. No.2316 of 2017 (3) dt.01-03-2017 3/3 bail stands rejected.
So far as the petitioner no.2 Jangali Chaudhary, who is elder brother-in-law of the deceased Suman Devi, is concerned, he is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Buxar, in connection with Dumraon P.S. Case No.245 of 2016. (Rajendra Kumar Mishra, J) P.S./- U T