Parmeshwar Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43580 of 2024 Arising Out of PS. Case No.-82 Year-2024 Thana- GHOSI District- Jehanabad ====================================================== 1.

Parmeshwar Chaudhary Son of Late Addhi Chaudhary 2.

Rukmani Devi Wife of Parmeshwar Chaudhary, Both resident of Village - Bairam Sarai, P.S.- Ghosi, District - Jehanabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 24-07-2024 Heard learned counsel appearing on behalf of the petitioners and the learned APP for the State.

2. Petitioners seek pre-arrest bail in connection with Ghosi P.S.Case no.82 of 2024 registered for the offences punishable under Sections 304(B)/34of the Indian Penal Code .

3. As per the allegation made in the FIR, the petitioners with a common intention for non-fulfilment of the dowry committed murder of the daughter of the informant..

4. Learned counsel appearing on behalf of the petitioners submitted that there is general and omnibus allegation against the petitioners and the main accused being son of the petitioners is in custody and on these grounds, learned counsel has submitted that the petitioners be released on prearrest bail..

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail to the petitioners.

Patna High Court CR. MISC. No.43580 of 2024(2) dt.24-07-2024 2/2

6. Considering the nature of allegation made in the FIR, as well as, the medical report, which has been taken note of by the learned Ist Additional Sessions Judge, Jehanabad, shows that as per the opinion of the Doctor, the death has been caused due to strangulation, I am not inclined to enlarge the petitioner on bail.

7. At this stage, learned counsel appearing on behalf of the petitioners seeks liberty to surrender before the learned district Court by filing regular bail application.

8. Considering the submissions made on behalf of the petitioners, the petitioners are directed to surrender before the learned district court and seek regular bail and the learned district court is directed to consider the regular bail application of the petitioners and pass a reasoned order on the same day in accordance with law upon consideration of the postmortem report, as well as, the materials, which have surfaced during the course of the investigation.

9. With the above observation/direction, the present bail application stands disposed of.

(Purnendu Singh, J) chn/- U