Gorakh Nath Noniya @ Gorakh Nath Choudhary @ Gorakh Noniya @ Gorakh Chaudhry And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.1845 of 2019 Arising Out of PS. Case No.-171 Year-2018 Thana- RAJPUR District- Buxar ======================================================
1. GORAKH NATH NONIYA @ GORAKH NATH CHOUDHARY @ GORAKH NONIYA @ GORAKH CHAUDHRY , son of Late Shiv Pujan Choudhary
2. Ramawati Devi, wife of Gorakh Noniya Both Resident of Village - Jamauli, P.S. Rajpur, District, Buxar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Binod Kumar Singh For the Opposite Party/s :
Mr. Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 22-01-2019 Heard learned counsel for the parties.
Petitioners seek bail in Rajpur P.S. Case No. 171 of 2018 registered for the offence punishable under Sections 304(b)/201/34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.
Informant has alleged that her deceased daughter was married with Arjun Nonia five year ago and from the said wedlock, two children were born. It is further alleged that inlaws of the daughter of the informant earlier demanded one motorcycle and Rs.50,000/- cash and due to non-fulfillment of the same, she was being tortured by the accused persons. On 29.07.2018, the informant came to know that her daughter
Patna High Court Cr.Misc. No.1845 of 2019(3) dt.22-01-2019 2/3 Chinta Devi was killed by the petitioners along with co-accused named in the F.I.R. for non-fulfillment of demand of dowry. It has been submitted on behalf of the petitioners that petitioner no.1 is father-in-law and petitioner no.2 is mother-inlaw of the deceased and they are living separately and have no concern with the affairs of the deceased. Petitioners have no criminal antecedent and they are in custody since 29.10.2018. Considering the aforesaid facts and circumstances of the case, let the petitioners named above be released on bail upon furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of learned Additional C.J.M., VII, Buxar in connection with Rajpur P.S. Case No. 171 of 2018, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the court below.
(3) If the petitioners tamper with the evidence or the witnesses of the case, in that case,
Patna High Court Cr.Misc. No.1845 of 2019(3) dt.22-01-2019 3/3 prosecution will be at liberty to move for cancellation of bail of the petitioners.
(S. Kumar, J) Sanjay/- U T