Lalan Chaudhary @ Lallan Chaudhary And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36139 of 2015 Arising Out of PS.Case No. -40 Year- 2015 Thana -KINJAR District- JEHANABAD ======================================================

1. Lalan Chaudhary @ Lallan Chaudhary

2. Mallu Chaudhary

3. Lallu Chaudhary @ Lalu Chaudhary Sons of Late Surendra Chaudhary

4. Renu Devi Daughter of Late Surendra Chaudhary

5. Parwati Devi Widow of Late Surendra Chaudhary All resident of village - Manikpur Kothra, P.O. Pingrawan, P.S. Kinger, District - Arwal .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Syed Md. Najmul Bari, Advocate For the Opposite Party/s : Mr. Nirmal Kumar Sinha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 07-09-2015 Heard learned counsel for the petitioners and the State.

The petitioner no. 3 is husband of the victim, petitioner nos. 1, 2, 4 and 5 are brothers, sister and mother of the husband of the victim are apprehending their arrest in a case registered for the offences punishable under Sections 304B, 201/34 of the Indian Penal Code.

Prosecution case is of killing the sister of the informant after five years of marriage for non-fulfillment of dowry demand.

It is submitted by the learned counsel for the petitioners that accusation is omnibus and general. It is

Patna High Court Cr.Misc. No.36139 of 2015 (2) dt.07-09-2015 submitted that the informant has retracted from the initial version and filed a petition to that effect before learned court below.

Considering the fact that the thrust of accusation against husband of victim namely Lallu Chaudhary @ Lalu Chaudhary (Petitioner No. 3), this Court is not inclined to grant him bail.

Accordingly, prayer for anticipatory bail of above named petitioner no. 3 is rejected.

So far as petitioner nos. 1, 2, 4 and 5 are concerned, there is omnibus and general allegation, victim died after five years of marriage and informant has retracted from his initial version, let the above named petitioner nos. 1, 2, 4 and 5 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 Chief Judicial Magistrate, Jehanabad in connection with Kinger P.S. Case No. 40 of 2015, subject to conditions as laid down under Section 438(2) of the Indian Penal Code.

(Dinesh Kumar Singh, J) P.K./- U T