Dhananjay Choudhary And ORS v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.14942 of 2017 Arising Out of PS.Case No. -50 Year- 2017 Thana -MOHANIA District- BHABHUA (KAIMUR) ======================================================
1. Dhananjay Choudhary son of Late Shyam Narayan Choudhary
2. Manju Devi wife of Dhananjay Choudhary
3. Ekta Kumari @ Goldi Kumari daughter of Dhananjay Choudhary All residents of village Pakarihar, P.S. Mohania, P.O. Mutahni, District Kaimur (Bhabhua).
4. Devanta Devi wife of Shri Shiv Kumar Choudhary resident of village Kainthi, P.S. Sonhan, District Kaimur (Bhabua), Bihar.
5. Baijavanta Devi wife of Shri Tuntun Choudhary resident of village Kirkala, P.S. Sonhan, District Kaimur (Bhabua), Bihar.
6. Shubhawanta Devi @ Subhanti Devi wife of Shri Vikrama Choudhary resident of village Deoradh, P.S. Kudra, District Kaimur (Bhabua), Bihar.
7. Hewanta Devi @ Hewanta Kunwar wife of Late Ram Pravesh Choudhary resident of village Burhadih, P.S. Jamania, District Gazipur (U.P.).
.... .... Petitioner/s
Versus
1. The State of Bihar.
2. Sarita Devi wife of Shri Umesh Singh @ Umesh Choudhary resident of village Pakarihar, P.S. Mohania, P.O.Mutahni, District Kaimur (Bhabua).
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Prabhat Ranjan For the Opposite Party/s : Mr. Arbind Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 07-04-2017 The petitioners are apprehending their arrest in connection with Mohania P.S. Case No. 50 of 2017, registered for offences punishable under Sections 498A 341/323/379/504/34 Indian Penal Code.
It has been submitted on behalf of the petitioners that large number of cases are going on between the informant and
Patna High Court Cr.Misc. No.14942 of 2017 (2) dt.07-04-2017 2/3 petitioners side, as such, it is hard to believe the story of the informant that she had come to the petitioners' house for attending the last rituals of her mother-in-law, where she was beaten and driven out from her matrimonial house. Further falsity of the case will appear from F.I.R itself that the occurrence is of 03.02.2017 and as per informant, she straightaway went to the police for registration of F.I.R but the F.I.R was registered on 05.02.2017. Moreover, allegations levelled against these petitioners, who are in-laws of the deceased, are only general and omnibus in nature. Heard learned A.P.P. also.
Having heard both sides, in view of facts and circumstances of the case and also in view of the fact that petitioners are in-laws of the informant and no specific allegations have been levelled against them rather only general and omnibus allegation has been levelled, as such, let the petitioners above named, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned CJM, Bhabhua (Kaimur) in connection with Mohania P.S. Case No. 50 of 2017, subject to the conditions as laid down under
Patna High Court Cr.Misc. No.14942 of 2017 (2) dt.07-04-2017 3/3 Section 438(2) of the Cr.P.C.
This is further subject to the condition that:- (i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The petitioners shall cooperate in the investigation and make themselves available as and when required by the police and on the event of failure on their part to appear before the police on two consecutive dates without showing any genuine reasons, the prosecution will be free to move for cancellation of their bail bonds.
(Vinod Kumar Sinha, J) sunil/- U T