Udaykant Chaudhary And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41633 of 2016 Arising Out of PS.Case No. -33 Year- 2016 Thana -HATHAURI District- SAMASTIPUR ======================================================

1. Udaykant Chaudhary S/o late Dayakant Chaudhary

2. Nirmala Devi W/o Udaykant Chaudhary Resident of village - Ballipur Dakshinbari Tola, P.S. - Hathauri, District - Samastipur. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Ajay Kumar Singh For the Opposite Party/s : Ms. Sahin Begam ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 29-09-2016 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Hathauri Police Station Case No. 33 of 2016, disclosing offences under Sections 304B/34 of the Indian Penal Code.

The petitioner no. 1 is the father-in-law and the petitioner no. 2 is the mother-in-law of the deceased. Referring to the First Information Report, learned Counsel for the petitioners has submitted that the main allegation is against the husband of the deceased and there is no specific allegation against these petitioners. He has submitted that considering the old age of the petitioner and because of allegation made in the First Information Report, no purpose will be served if they are taken into

Patna High Court Cr.Misc. No.41633 of 2016 (2) dt.29-09-2016 2/2 custody.

I find substance in the submissions made on behalf of the petitioners.

This application stands accordingly allowed.

Let the petitioners, namely, Uday Kant Chaudhary and Nirmala Devi, in the event of their arrest or surrender before the Court below within six weeks, 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 learned Additional Chief Judicial Magistrate, Rosera, Samastipur, in connection Hathauri Police Station Case No. 33 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.) Prabhakar Anand/-c U √ T √