Suchij Chauhan @ Surjit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27627 of 2016 Arising Out of PS.Case No. -1 Year- 2016 Thana -PATNA GRP CASE District- PATNA ====================================================== Urmila Devi, Wife of late Awdhesh Chauhan, resident of Mohalla- Neura Dera, P.S. Bihta, District- Patna.

.... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.27688 of 2016 Arising Out of PS.Case No. -1 Year- 2016 Thana -PATNA GRP CASE District- PATNA ====================================================== SUCHIJ CHAUHAN @ SURJIT KUMAR Son of Late Ram Awadhesh Chauhan resident of Neora Dera, P.S. Bihta, District - Patna .... .... Petitioner/s

Versus

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

(In Cr.Misc. No.27627 of 2016) For the Petitioner/s : Mr. Arvind Kumar Mouar For the Opposite Party/s : Mr. Sri Jai Narain Thakur (In Cr.Misc. No.27688 of 2016) For the Petitioner/s : Mr. Gajanan Mishra For the Opposite Party/s : Mr. Sri Ashok Kumar Singh 1 ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 17-09-2016 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.

The petitioners of Cr. Misc. No. 27627 of 2016 and Cr. Misc. No. 27688 of 2016 being the mother-in-law and elder brother-in-law respectively are apprehending their arrest in connection with Rail Danapur P.S. Case No. 01 of 2016 for the

offences registered under Sections 304(B), 201, 120(B) and 34 of the Indian Penal Code.

Learned counsel for the petitioners submits that the present case has been lodged as an afterthought by the informant after two months of the occurrence. It is further submitted that the present two petitioners have no specific role to play and earlier a case of unnatural death was registered bearing U.D. Case No. 61 of 2015. It is further submitted that after the said occurrence, the post-mortem was conducted and the body was received by the father of the victim himself and thereafter, he had also participated in the cremation. However, for some oblique reasons, the informant filed the present case after a lapse of two months. It is further submitted that taking into consideration such facts and circumstances, the husband of the victim lady has been extended the privilege of regular bail by this Court.

Considering the aforesaid facts and circumstances of the case and that the petitioners are mother-in-law and elder brother-in-law (Bhaishur) of the victim lady, let 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, be released on bail on

furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Railway Judicial Magistrate, Patna in connection with Rail Danapur P.S. Case No. 1 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjana Mishra, J) Jagdish/- U T