Budhan Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46284 of 2022 Arising Out of PS. Case No.-328 Year-2021 Thana- MAHNAR District- Vaishali ====================================================== 1.

Budhan Chaudhary, S/o Nagina Chaudhary.

2.

Kaushalya Devi W/o Budhan Chaudhary.

Both R/o Village - Simara, P.S.- Mahnar, Dist. - Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs.Rina Sinha, Advocate For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 03-01-2023 Heard learned counsel for the petitioners and the learned APP for the State.

The petitioners apprehend their arrest in connection with Mahnar P.S. Case No.328/2021 instituted under Sections 304(B)/201/34 of the Indian Penal Code.

As per the prosecution story, the daughter of the informant got married with Vicky Chaudhary in 2019 and at that time gift of almost three lacs were given but the cruelty started from day one with the demand of motorcycle and finally in 2021, they came to know that their daughter has been killed by setting her on fire. Accordingly, the FIR was lodged. As per the submission put forward by the learned counsel for the petitioners, the husband is still roaming free. Considering the allegation that has come up in the

Patna High Court CR. MISC. No.46284 of 2022(2) dt.03-01-2023 2/2 FIR, this Court is not inclined to grant any relief to petitioner no.1, Budhan Chaudhary and the same is hereby rejected. So far as the petitioner no.2, Kaushalaya Devi is concerned, she being mother-in-law and a lady aged 52 years and have no criminal antecedent, this Court is inclined to grant her relief.

Let the petitioner no.2, Kaushalaya Devi be released on bail, in the event of their arrest or surrender before the Subordinate court within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each in connection with Mahnar P.S. Case No.328/2021 to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Rajiv Roy, J) Prakash Narayan /- U T