Chandan Chaudhary And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.41424 of 2017 Arising Out of PS.Case No. -45 Year- 2016 Thana -ROUH District- NAWADA ======================================================
1. Chandan Chaudhary, Son of Kamo Chaudhary,
2. Kamo Chaudhary Son of Late Kesho Chaudhary, Both R/o villageMadra, P.S.- Roh, District- Nawada. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Krishna Deo Raj For the Opposite Party/s : Mr. Vinod Shankar Modi ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 30-08-2017 Heard learned counsel for the petitioners and learned APP for the State.
Petitioners are languishing in judicial custody since 10.06.2017 in connection with Roh P.S. Case No. 45 of 2016 for offences punishable under Sections 302, 201/34 of the Indian Penal Code.
The prosecution case, as lodged by the informant, is that his sister Bindiya Devi @ Nuni Devi was married to one Bhaso Choudhary, son of petitioner no. 2 and the petitioners have killed his sister and burnt the dead body without informing him. It has been submitted by the learned counsel for the petitioners that they are innocent, petitioner no. 1 is the brother-inlaw and petitioner no. 2 is the father-in-law of the deceased lady
Patna High Court Cr.Misc. No.41424 of 2017 (2) dt.30-08-2017 2/2 and that the husband is already in custody. He submits that First Information Report has been lodged after inordinate delay, sister of the informant died due to diarrhoea and the informant's family participated in the cremation, but due to ulterior motive they have been roped in. It is submitted that the allegations are general and omnibus, hence, a sympathetic consideration be given. However, learned APP for the State opposes the prayer for bail.
Considering the facts and circumstances and the materials on record and that the husband is in custody, let petitioners, above named, be enlarged on bail on furnishing bail bonds of Rs.10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate-VI, Nawada, in connection with Roh P.S. Case No. 45/2016.
(Nilu Agrawal, J) Rajesh/- U T