Choudhary Janardan Roy v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22491 of 2018 Arising Out of PS. Case No.-36 Year-2016 Thana- BHEJA District- Madhubani ====================================================== Choudhary Janardan Roy Son of Choudhary Sobhit Roy resident of Village - Bathe, P.S. - Bahera, District - Darbhanga.

... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sandeep Kumar, Advocate.

Mr. Gagan Deo Yadav For the Opposite Party/s :

Mr. Shailendra Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 24-04-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Bheja P.S. Case No.36 of 2016 registered under Sections 120(B) and 304(B)/34 of the Indian Penal Code.

The petitioner happens to be the father-in-law of the deceased.

Admittedly, the informant, the father of the deceased, on receiving information regarding the death of his daughter went to Chennai and received the dead body of his daughter and, subsequently, participated in cremation of the dead body of his daughter. Thereafter, the informant returned to his village from Chennai and filed the Complaint Case No.255 of 2015 on 25.03.2015, on the basis of which the present case was lodged.

Patna High Court CR. MISC. No.22491 of 2018(4) dt.24-04-2019 2/2 Learned counsel appearing on behalf of the petitioner submits that the informant, the father of the deceased, participated in the funeral ceremony of his daughter but with an ulterior motive, the informant lodged the complaint case, on the basis of which the present case was lodged. Moreover, no specific overt is attributed to the petitioner, who is father-in-law of the deceased. Chaudhary Dhananjay Kumar Roy, the husband of the deceased, has already been granted the privilege of pre-arrest bail by a coordinate Bench of this Court vide order dated 21.06.2018 passed in Criminal Misc. No.28862 of 2018.

Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-III, Jhanjharpur, Madhubani, in connection with Bheja P.S. Case No.36 of 2016, subject to the conditions laid down under Section 438(2) Cr.P.C. (Rajendra Kumar Mishra, J) P.S./- U