Sukhdeo Chaudhary And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20468 of 2017 Arising Out of PS.Case No. -45 Year- 2016 Thana -ROUH District- NAWADA ======================================================

1. Sukhdeo Chaudhary, Son of Late Kesho Chaudhary.

2. Kamo Chaudhary, Son of Late Kesho Chaudhary.

3. Chandan Chaudhary, Son of Kamo Chaudhary.

All Resident of Village-Madra, P.S. Roh, District Nawada. .... .... Petitioners.

Versus

The State of Bihar .... .... Opposite Party.

====================================================== Appearance :

For the Petitioners : Mr. Krishna Deo Raj, Advocate. For the State : Mr. Dashrath Mehta, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ------------- 01-08-2017 It appears that this application in respect of the petitioner nos.2 and 3, above named, has already been dismissed as withdrawn as having become infructuous. As such, today, now, only the prayer of the petitioner no.1, above named, for grant of anticipatory bail is being considered.

Heard.

The petitioner no.1 apprehends his arrest in connection with Roh P.S. Case No.45 of 2016 registered under Sections 302 and 201/34 of the Indian Penal Code.

The allegation of the informant Krishna Chaudhary is that he received information about committing the murder of his sister Bindiya Devi alias Nuni Devi by her husband and in-laws after causing assault

Patna High Court Cr.Misc. No.20468 of 2017 (4) dt.01-08-2017 2/2 to her and also to dispose of her dead body on 18.07.2016. Learned counsel appearing on behalf of the petitioner no.1 submits that the he is cousin father-in-law of the deceased, the sister of the informant, and he used to reside separate with the family of the deceased, the sister of the informant, which has come in paragraph-51 of the case diary. Further submission is that, in fact, the deceased, the sister of the informant, died due to diarrhoea and, in funeral ceremony of the deceased, the sister of the informant, her father had also participated but with an ulterior motive, the informant, who is the brother of the deceased, has lodged this false case. Moreover, the husband, brother-in-law and father-in-law of the deceased, the sister of the informant, are already in jail custody.

Having considered the facts and the circumstances of the case, let the petitioner no.1, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, First Class, Nawada, in connection with Roh P.S. Case No.45 of 2016, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U