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Patna High CourtCR. MISC./26542/2016bail granted

Shukdev Choudhary And ORS v. The State Of Bihar

2016-08-24Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26542 of 2016 Arising Out of PS.Case No. -57 Year- 2015 Thana -KHAZANIHAT District- PURNIA ======================================================

1. Shukdev Choudhary Son of Tilak Choudhary

2. Mala Devi Wife of Shukdev Choudhary

3. Subodh Kumar Choudhary Son of Shukdev Choudhary

4. Binod Kumar @ Binod Kumar Choudhary Son of Shukdev Choudhary

5. Bablu Kumar @ Bablu Kumar Choudhary Son of Shukdev Choudhary

6. Pramod Kumar @ Pramod Kumar Choudhary Son of Shukdev Choudhary All resident of village - Madhubani Tara Nagar, P.S. K. Hat, District - Purnea .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ram Prawesh Kumar, Adv. For the Opposite Party/s : Mr. Sri Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 24-08-2016 Heard both sides.

The petitioners apprehend their arrest in K. Hat (Madhubani) P.S. Case No. 57/2015, registered for the offences punishable under Sections 323, 504, 304(B), 120(B)/34 of the Indian Penal Code.

The mother of the deceased filed Complaint Case No. 2337C/2012 alleging therein that his daughter Ruby Kumari was married with Manoj Kumar Choudhary on 24.02.2006, but she was burnt to death due to non-fulfillment of demand of dowry. Learned counsel for the petitioner submits that on the

Patna High Court Cr.Misc. No.26542 of 2016 (3) dt.24-08-2016 2/2 basis of the fardbeyan of the mother of the deceased Araria P.S Case No. 461/2014 was registered. The police after investigation found the case false, but the CJM took cognizance differing with finding of investigating officer. It is submitted that the petitioners are in-laws of the deceased. Marriage was solemnized in the year 2006 and the deceased died in the year 2012. The petitioners have no manner of concern with the husband of the deceased.

Considering the facts aforesaid and the fact that the petitioners are in-laws of the deceased, the petitioners above named in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Purnea in connection with K. Hat (Madhubani) P.S. Case No. 57 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Prabhat Kumar Jha, J.) Rakhi U T