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Patna High CourtCR. MISC./32038/2023bail granted

Umesh Chaudhary v. The State Of Bihar

2023-08-08Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32038 of 2023 Arising Out of PS. Case No.-252 Year-2022 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== 1.

Umesh Chaudhary Son of Late Bhola Chaudhary @ Late bhola Sahni Resident of Village- Jitwarpur, Hakimabad, Police Station- Muffasil, District- Samastipur 2.

Sunaina Devi Wife of Umesh Chaudhary Resident of Village- Jitwarpur, Hakimabad, Police Station- Muffasil, District- Samastipur 3.

Rahul Kumar Son of Umesh Chaudhary Resident of Village- Jitwarpur, Hakimabad, Police Station- Muffasil, District- Samastipur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Lalita Devi Wife of Ramurash Sahni Resident of Village- Madhurapur, Lakhraj, Rampur Dayal, Police Station- Piyar, District- Muzaffarpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kundan Kumar, Advocate For the Opposite Party/s :

Mr. Atul Chandra, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-08-2023 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend arrest in a case registered for the offences punishable under Sections 304(B), 201, 120(B)/34 of Indian Penal Code.

3. It is a case of dowry death.

4. Petitioner No. 1 is father-in-law, petitioner No. 2 is mother-in-law and petitioner No. 3 is brother-in-law of the deceased.

Patna High Court CR. MISC. No.32038 of 2023(4) dt.08-08-2023 2/2

5. It is submitted that allegation against these petitioners is general and omnibus. Thrust of accusation is against husband of the deceased who is already in custody since 24.07.2023. Petitioners are separate in mess and property and they have got no concern with the family affairs of the deceased had her husband. Petitioners have got clean antecedent.

6. Considering the aforesaid facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioners in the event of their arrest/surrender before the court below within a period of six weeks from today, 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-II, Samastipur in connection with Samastipur Muffasil P. S. Case No. 252 of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Navya/- U T