Baliram Choudhary And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40614 of 2015 Arising Out of PS.Case No. -49 Year- 2014 Thana -RIVILGANJ District- SARAN ======================================================

1. Baliram Choudhary Son of Parshan Chaudhary

2. Jitendra Chaudhary son of Sri Baliram Chaudhary

3. Bhanu Chaudhary son of Sri Baliram Chaudhary

4. Phulwanti Kumar Daughter of Sri Baliram Chaudhary All residents of village - Naya Basti, Naya Tola, P.S. - Revilganj, District - Saran.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Yashraj Bardhan For the Opposite Party/s : Mr. D.P.Tiwary(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 01-10-2015 Heard learned counsels for the petitioners and the State.

The petitioners being the father, brothers and unmarried sister of the husband of the victim are apprehending their arrest in a case registered for the offences punishable under Sections 328 and 302/34 of the Indian Penal Code. The prosecution case is that the

Patna High Court Cr.Misc. No.40614 of 2015 (2) dt.01-10-2015 2/3 daughter of the informant was being tortured after 14 years of the marriage and on 22.05.2014 on the order of the husband of the victim the petitioners and other accused persons brutally assaulted the victim as a result she succumbed to the injuries. It is submitted by learned counsel for the petitioners that there is omnibus and general accusation and the accusation is not being corroborated with the medical opinion as postmortem report reflects no external injury, suspecting case of poisoning, viscera has been preserved. The post-mortem report has been brought on record as Annexure-2.

Considering the accusation is not being corroborated with the medical opinion, let the above named petitioners be released on anticipatory 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

Patna High Court Cr.Misc. No.40614 of 2015 (2) dt.01-10-2015 3/3 satisfaction of learned Chief Judicial Magistrate, Saran at Chapra in connection with Revilganj P.S. Case No. 49 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) DKS/- U T