Ashok Chaudhary And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.50212 of 2017 Arising Out of PS.Case No. -14 Year- 2017 Thana -SONEPUR District- SARAN ======================================================
1. Ashok Chaudhary, S/o Late Munar Chaudhary
2. Appu Chaudhary, S/o Ashok Chaudhary, both are R/o villageFakrabad, P.S.- Sonpur, District- Saran at Chapra. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Vijay Kumar, Advocate For the Opposite Party/s : Mr. Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 4/ 05-01-2018 Heard learned counsel for the petitioners and learned APP for the State.
Petitioners apprehend their arrest in Sonpur P.S. Case No.14 of 2007 instituted for the offence under Section(s) 304-B, 201, 120-B Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act pending in the Court of the Chief Judicial Magistrate, Saran at Chapra.
It is alleged in the fard-e-beyan that the informant received information that her sister has been done to death in Sasural by these petitioners and other accused persons and her dead body has been thrown in the plastic bag at the bank of Semra Ghat in Gandak river. The informant reached there along with his family members and found dead body of his sister in a plastic bag thrown there. The police seized the dead body.
Patna High Court Cr.Misc. No.50212 of 2017 (4) dt.05-01-2018 2/2 Allegation against the petitioners is that sister of the informant was strangulated to death on account of nonfulfillment of demand of dowry. Learned APP has pointed out Inquest Report, which is available in the case diary, wherein, sign of strangulation by rope was found on the neck of the deceased.
There is no cogent explanation given by these petitioners as to how dead body was thrown at the bank of Semra Ghat in Gandak river in a plastic bag.
In such circumstances, this Court does not find it a fit case for grant of anticipatory bail.
Prayer of the petitioners for grant of anticipatory bail is rejected.
Petitioners may surrender before the Court below and seek regular bail, which shall be considered and disposed off in accordance with law on its own merit without being prejudiced by this order.
(Sanjay Priya, J) JA/- U T