Chandan @ Chandan Kumar @ Madhu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42752 of 2024 Arising Out of PS. Case No.-45 Year-2024 Thana- BIDUPUR District- Vaishali ====================================================== 1.

Chandan @ Chandan Kumar @ Madhu S/o Ram Babu Singh, R/o- VillageRamdauli, P.S- Bidupur, Distt.- Vaishali. 2.

Chhoti Kumari D/o Ram Babu Singh, R/o- Village- Ramdauli, P.S- Bidupur, Distt.- Vaishali.

3.

Ram Babu Singh S/o Late Shri Singh @ Shri Prasad Singh, R/o- VillageRamdauli, P.S- Bidupur, Distt.- Vaishali. 4.

Tanuja Devi W/o Ram Babu Singh, R/o- Village- Ramdauli, P.S- Bidupur, Distt.- Vaishali.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dilip Kumar Singh, Advocate.

For the Opposite Party/s :

Mr. Zainul Abedin, APP.

For the Informant :

Mr. Lal Babu Singh, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 10-07-2024 Heard learned counsel for the petitioners, learned A.P.P. for the State and learned counsel for the informant.

2. The petitioners apprehend their arrest in connection with Bidupur P.S. Case No.45 of 2024 instituted under Sections 304(B), 34 of the Indian Penal Code and under Section 3/4 of Dowry Prohibition Act.

3. As per the prosecution case, the marriage of deceased was solemnized with co-accused Kundan Kumar 1 1⁄2 years ago, but for last six months she was harassed due to demand of dowry. On 21.01.2024 the informant got information

Patna High Court CR. MISC. No.42752 of 2024(2) dt.10-07-2024 2/3 that his daughter was murdered on which he rushed to the matrimonial house of her daughter and found the news to be true thereafter casted strong doubt that the accused persons killed his daughter by hanging.

4. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. He further submits that petitioner no.1 is brother-in-law (Devar), petitioner no.2 is unmarried sister-in-law (Nanad), petitioner no.3 is father-in-law and petitioner no.4 is mother-inlaw of the deceased who have no concern with the family affairs of the deceased or his husband. It is submitted that due to some matrimonial dispute between the deceased and her husband, she committed suicide and with ulterior motive the informant has lodged case against all the accused persons including the petitioners. He further submits that the husband of deceased is already in jail custody. Learned counsel submits that petitioners have no criminal antecedent and they undertake to cooperate in the investigation and trial.

5. Learned counsel for the informant as well as learned Additional Public Prosecutor for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case

Patna High Court CR. MISC. No.42752 of 2024(2) dt.10-07-2024 3/3 and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount to each to the satisfaction of the learned J.M. 1st Class, Vaishali at Hajipur in connection with Bidupur P.S. Case No.45 of 2024, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) Ritik/- U T