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Patna High CourtCR. MISC./35917/2016bail granted

Nagina Chauhan @ Nageena Chauhan And ANR v. The State Of Bihar

2016-10-20Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35917 of 2016 Arising Out of PS.Case No. -46 Year- 2016 Thana -KAUAKOL District- NAWADA ======================================================

1. Nagina Chauhan @ Nageena Chauhan Son of Raghunandan Chauhan

2. Kaliya Devi wife of Nagina Chauhan Both Resident of Village- Chhabail Beldariya, Police Station- Kawa Kole, District- Nawadah. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arjun Prasad, Adv. For the Opposite Party/s : Mr. Rajendra Nath Jha (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 20-10-2016 Heard both sides.

The petitioner apprehends his arrest in Kawakole P.S. Case No. 46/2016, registered for the offences punishable under Sections 304B, 201 and 34 of the Indian Penal Code. The informant alleged that his daughter was married to Mithilesh Chauhan on 28.06.2011, but after sometime her husband, father-in-law and mother-in-law began to demand Rs. 1,00,000/- as dowry. His daughter used to give money to her husband and other in-laws time to time. The informant got information that on 12.04.2016 his daughter was poisoned to death due to non-fulfillment of demand of dowry.

Learned counsel for the petitioners submits that

Patna High Court Cr.Misc. No.35917 of 2016 (3) dt.20-10-2016 2/2 petitioners are father-in-law and mother-in-law of the deceased. The deceased has two children. The deceased died due to snake bite. The informant or his daughter did not ever file any case or any complaint of ill-treatment at the hands of the petitioner during her lifetime after marriage.

Learned A.P.P. vehemently opposed the prayer for anticipatory bail of the petitioners.

Considering the facts aforesaid and the fact that petitioners above-named who happens to be the father-in-law and mother-in-law of the deceased, 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, are directed to be enlarged 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 Additional Chief Judicial Magistrate IVth (Kawakole) Nawadah in connection with Kawakole P.S. Case No. 46/2016, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Prabhat Kumar Jha, J.) Vinita/- U T