Aditya Nath Choudhary And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32737 of 2014 Arising Out of PS.Case No. -76 Year- 2014 Thana -TAJPUR District- SAMASTIPUR ======================================================

1. Aditya Nath Choudhary son of Late Lakhan Choudhary

2. Smt. Jai Kala Devi wife of Aditya Nath Choudhary Both resident of village - Jorpura, P.S. Tajpur ( Halai ), District - Samastipur

3. Kamlesh Kumar Singh son of Schidanand Pd. Singh

4. Nitu Kumari wife of Kamlesh Kumar Singh Both resident of village - Govindpur Karnauti, P.S. Mahnar, District - Vaishali .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rohit Kumar For the Opposite Party/s : Mr. Shyam Kr.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 09-02-2015 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State as also heard learned counsel appearing for the informant.

Petitioners apprehend their arrest in connection with Tajpur (Halai O.P.)P.S. Case No. 76 of 2014 registered under Sections-376 & 302 of the Indian Penal Code.

Admittedly, petitioner Nos. 1 & 2 are parents-in-law whereas; the petitioner No. 3 is brother-in-law (Nandoshi) and petitioner No. 4 is married Nanad of the deceased. The first information report discloseds that it was co-accused, Rishi Kumar Choudhary @ Munna who committed the alleged occurrence and

Patna High Court Cr.Misc. No.32737 of 2014 (2) dt.09-02-2015 2/2 accordingly, the first information report was lodged only against Rishi Kumar Choudhary @ Munna but in course of investigation, it appears that these petitioners have been dragged in this case on mere suspicion. Moreover, co-accused, Rishi Kumar Choudhary @ Munna has already been sent to jail custody. Taking into consideration the above-said facts and circumstances as well as submission of the parties, this anticipatory bail petition is allowed and it is ordered that the petitioners named-above, in the event of arrest or surrender in the court below within four weeks from today, shall be released on bail on furnishing bail bond of Rs 10,000/- (ten thousand) each with two sureties of the like amount each in connection with Tajpur (Halai O.P.)P.S. Case No. 76 of 2014 to the satisfaction of Chief Judicial Magistrate, Samastipur subject to conditions as laid down u/S 438(2) of the Cr. P.C.

(Hemant Kumar Srivastava, J) A.K.V./- U T