Rajendra Choudhary And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24072 of 2016 Arising Out of PS.Case No. -104 Year- 2015 Thana -NIMCHAKBATHANI District- GAYA ======================================================

1. Rajendra Choudhary S/o late Rambalak Choudhary

2. Fulwa Devi W/o Rajendra Choudhary

3. Amirak Kumar S/o Rajendra Choudhary All Resident of Village- Ajay Nagar, PS Nimchak Bathani Distt Gaya.

4. Jasmati Kumari@Jasmanti Devi(Nanad) W/o Ramjee choudhary and D/o Rajendra Choudhary R/o Village- Sherthua, PS Khizer Sarai, Distt Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar Sharma, Advocate For the Opposite Party/s : Mr. Sucheta Yadav(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 30-05-2016 The petitioners being the parents, brother and sister of the husband of the victim are apprehending their arrest in a case registered for the offences punishable under Sections 304B/34 of the Indian Penal Code. Accusation is of killing the sister of the informant for non-fulfillment of dowry demand after five years of marriage.

It is submitted by the learned counsel for the petitioners that accusation is omnibus and general and the victim went traceless and cause of death has not been ascertained till date. Earlier also the victim ran away from the matrimonial house when information was given by the

Patna High Court Cr.Misc. No.24072 of 2016 (2) dt.30-05-2016 petitioner Fulwa Devi to the Officer-in-charge, Nimchak Bathani Police Station. The paper publication was made on 07.06.2015 with regard to fact that victim has gone traceless. The thrust of accusation is against the husband of the victim, who is in custody.

Considering the nature of accusation being omnibus and general and the fact that death has not been ascertained, let the above named petitioners be released on bail in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-10th, Gaya in connection with Bathani P.S. Case No. 104 of 2015, subject to conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) P.K./- U T