Krishndeo @ Krishndeo Choudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40345 of 2021 Arising Out of PS. Case No.-17 Year-2020 Thana- MIRGANJ District- Purnia ====================================================== 1.
Krishndeo @ Krishndeo Choudhary S/o Late Kameshwar Choudhary 2.
Rajan Kumar Son of Krishndeo @ Krishndeo Choudhary Both Resident of Village- Rajghat Garail,P.S.- Mirganj, District- Purnea ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dr. Bidhu Ranjan, Adv.
For the Opposite Party/s :
Mr.Raj Ballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 19-01-2022 The matter has been listed today for consideration through virtual mode.
Heard learned counsel appearing on behalf of the petitioners as well as learned Additional Public Prosecutor appearing for the State.
Let the defect(s) be removed within two weeks of the complete start of the physical Court in normal course. Petitioners who are in custody since 04.02.2021 seeks bail in connection with Mirganj P.S. Case No.17/2020 registered for the offence punishable under Section 304B/34 of the IPC. Prosecution case in brief, is that the daughter of the informant, namely, Juli Kumari @ Chetna Chaudhary was married with Sonu Kumar two years before and just after marriage all the accused persons started demanding dowry, total
Patna High Court CR. MISC. No.40345 of 2021(2) dt.19-01-2022 2/3 amounting to rupees two lacs and upon non-fulfillment of dowry of the deceased was subjected to torture, ultimately she was found dead. Informant after receiving information about the death of her daughter on 07.04.2020 has lodged case against the accused persons named in the FIR.
Learned counsel appearing on behalf of the petitioners submits that petitioner no.1 is the father-in-law of the deceased and petitioner no.2 is the Bhaisur of the deceased. He further submits that petitioner is not living along with his son who is in custody, they are living separately. He further submits that the marriage was solemnized in Allahabad along with the deceased Juli Kumar who was in love affair with the son of the petitioner no.1. He further submits that deceased never agreed to live along with her husband and ultimately she has committed suicide, this is not a case of murder.
Learned APP for the State, however, opposes the prayer for grant of bail to the petitioner.
Considering the above-mentioned facts and circumstances of the case, the petitioners above named, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial
Patna High Court CR. MISC. No.40345 of 2021(2) dt.19-01-2022 3/3 Magistrate, Purnea in connection with Mirganj P.S. Case No.17/2020, subject to the following conditions:
(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court.
(3) If the petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners. (Purnendu Singh, J) Prakash Narayan /- U T