Amir Choudhary And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32149 of 2016 Arising Out of PS.Case No. -65 Year- 2016 Thana -SAHKUND District- BHAGALPUR ======================================================

1. Amir Choudhary S/o Ganesh Choudhary

2. Putari Devi W/o Amir Choudhary Both residents of village- Dohradih, P.S. Shahkund, Dist.-Bhagalpur

3. Neha Devi (D/o Ganesh Choudhary) W/o Sanjay Choudhary, resident of village- Dasarathpur, P.S. Dharahara, Dist-Munger. .... .... Petitioners

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Rajesh Kumar Pandey, Advocate. For the Opposite Party : Mr. Rajeev Nayan (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 26-08-2016 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Shahkund Police Station Case No. 65 of 2016, disclosing offence under Section 304(B)/34 of the Indian Penal Code. The petitioner no.1 is the elder brother of the husband of the deceased, whereas, petitioner no.2 is the wife of petitioner no.1. The petitioner no.3 is married sister of the husband of the deceased.

Learned Counsel appearing on behalf of the petitioners has submitted that these petitioners have been falsely implicated only because they are family members of the husband of the deceased. Referring to the First Information Report, it has

Patna High Court Cr.Misc. No.32149 of 2016 (2) dt.26-08-2016 2/2 been submitted that there is no specific allegation against these petitioners of making any demand of dowry or torture thereafter at any point of time.

Considering the submission as above, this application is allowed.

Let the petitioners, above named, in the event of their arrest or surrender before the Court below within six weeks, be released 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 learned Sub-Divisional Judicial Magistrate, Bhagalpur, in connection with Shahkund Police Station Case No. 65 of 2016, subject to the condition laid down under Section 438

(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present themselves before the police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Amit/- U T