Loha Chaudhary @ Amarnath @ Amarnath Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42194 of 2023 Arising Out of PS. Case No.-1160 Year-2022 Thana- BHABHU(KAIMUR) COMPLAIN C District- Kaimur (Bhabua) ====================================================== 1.
LOHA CHAUDHARY @ AMARNATH @ AMARNATH CHAUDHARY SON OF LATE GANESH CHAUDHARY RESIDENT OF VILLAGE - AKORHI, P.S. - RAMGARH, DISTRICT - KAIMUR (BHABHUA) 2.
MUNNI DEVI WIFE OF BIBHA CHAUDHARY RESIDENT OF VILLAGE - BHATAULI, P.S. - MOHANIA, DISTRICT - KAIMUR (BHABHUA) 3.
RAJMATI DEVI WIFE OF BINDA CHAUDHARY RESIDENT OF VILLAGE - BANDIPUR P.S. - RAMGARH, DISTRICT - KAIMUR (BHABHUA) 4.
BINDA CHAUDHARY SON OF LATE SHIV BADAN CHAUDHARY RESIDENT OF VILLAGE - BANDIPUR P.S. - RAMGARH, DISTRICT - KAIMUR (BHABHUA) ... ... Petitioner/s
Versus
1.
THE STATE OF BIHAR 2.
GAYATRI DEVI WIFE OF SRI SHIVLAL CHAUDHARY DAUGHTER OF SHIV MURAT MALLAH, RESIDENT OF VILLAGE - KAKARAIT, P.S. - KUNDAWA, DISTRICT - CHANDAULI (U.P.) ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Yogendra Kumar, Advocate For the Opposite Party/s :
Mr. Lakshmi Kant Sharma, APP For the O.P. no. 2 :
Mr. Rajni Kant Pandey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 22-08-2023
1. Heard learned counsel for the parties.
2. The petitioners in this application pray for bail apprehending their arrest in connection with (Kaimur) Complaint Case no. 1160 of 2022 wherein cognizance has been taken under section 498A of the Indian Penal Code and sections 3 and 4 of the Dowry and Prohibition Act.
Patna High Court CR. MISC. No.42194 of 2023(2) dt.22-08-2023 2/3
3. As per the prosecution case, the complainant was married to one Shiv Lal Chaudhary as per Hindu rites and customs. It is stated that the accused persons including the petitioners herein started to torture the complainant for non fulfillment of demand of dowry by way of motorcycle and Rs. 1 lac in cash.
4. Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the case. The petitioners happen to be the co-villager, the sister-in-law, mother-in-law and father-in-law of the complainant. So far as the husband of the complainant is concerned, he has been enlarged on anticipatory bail vide order dated 19.8.2023 passed in Cr. Misc. no. 45637 of 2023.
5. The application for bail is opposed by learned APP for the State and learned counsel for the complainant. Learned counsel for the complainant submits that not only the petitioners are named in the FIR but there is direct allegation against them.
6. Having heard learned counsel for the parties and taking into consideration the contents of the complaint petition, the relationship of the petitioners with the complainant and specially grant of bail to co-accused husband of the
Patna High Court CR. MISC. No.42194 of 2023(2) dt.22-08-2023 3/3 complainant by the aforesaid order dated 19.8.2023, it is directed that all the petitioners above named, in the event of their arrest or surrender before the learned court below within a period of four weeks, be released on anticipatory bail in connection with (Kaimur) Complaint Case no. 1160 of 2022 on each of them furnishing bail bond of Rs 10,000/- (Rs. Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Bhabua at Kaimur.
(Partha Sarthy, J) Spd/- U T