Dhirendra Chaudhary And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.38123 of 2017 (3) dt.12-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38123 of 2017 Arising Out of PS.Case No. -49 Year- 2014 Thana -NOKHA District- SASARAM (ROHTAS) ======================================================

1. Dhirendra Chaudhary

2. Munna Chaudhary @ Santosh Kumar

3. Kamla Chaudhary @ Kamlesh Chaudhary All sons of Late Gupteshwar Chaudhary

4. Sonu Chaudhary @ Nitish Kumar son of Kamla Chaudhary @ Kamlesh Chaudhary All residents of Village - Shekpurwa, P.S. - Nokha, District - Rohtas.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar Tiwary, Adv. For the Opposite Party/s : Mr. Sri Anant Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 12-09-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Nokha Police Station Case No. 49 of 2014, disclosing offences under Sections 304(B), 201/34 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, the petitioners are not the family members of the deceased nor they were concern with the deceased in any manner rather they were present at the time of

Patna High Court Cr.Misc. No.38123 of 2017 (3) dt.12-09-2017 cremation of the dead body. Moreover, co-accused, Gautam Chaudhary and Rajbansh Singh @ Ranjansh Choudhary have already been granted anticipatory bail by a co-ordinate Bench of this Court in Cr. Misc. No. 34607 of 2017. Hence, the petitioners deserve the privilege of anticipatory bail.

Considering the facts and circumstances of the case, 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 Chief Judicial Magistrate, Rohtas at Sasaram, in connection with Nokha Police Station Case No. 49 of 2014, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) brajesh/- U T