Raj Nandan Chaubay v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47183 of 2023 Arising Out of PS. Case No.-217 Year-2022 Thana- SINGHWARA District- Darbhanga ====================================================== 1.

RAJ NANDAN CHAUBAY Son of Late Janak Choubay Resident of village - Rampura, P.S. - Singhwara, Distt. - Darbhanga 2.

Ram Dulari Devi @ Ram Dulali Devi Wife of Sri Raj Nandan Chaubay Resident of village - Rampura, P.S. - Singhwara, Distt. - Darbhanga ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vaishnavi Singh For the Opposite Party/s :

Mr.Pawan Kumar Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 03-08-2023

1. Learned counsel for the petitioners is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioners and learned A.P.P. for the State.

3. The petitioners have preferred this application for grant of regular bail in connection with Singhwara P.S. Case No. 217 of 2022 dated 07.10.2022 registered for the offences punishable u/s 304B read with section 34 of the Indian Penal Code.

4. As per the prosecution case, the petitioners and the co-accused persons are alleged to have committed murder of the

Patna High Court CR. MISC. No.47183 of 2023(2) dt.03-08-2023 2/3 daughter of the informant due to non-fulfillment of demand of car as dowry.

5. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. It is further submitted that the petitioner no. 1 is the grand father-in-law and the petitioner no. 2 is the grand mother-in-law of the deceased. There is general and omnibus allegation against these petitioners. The petitioner no. 1 is accused in one more criminal case and petitioner no. 2 has no criminal antecedent. Petitioner no. 1 is in custody since 29.04.2023 whereas petitioner no. 2 is in custody since 02.05.2023.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner and submitted that as per the post-mortem report of the deceased, the doctor has opined that death was due to asphyxia as a result of hanging.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners above-named, are directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Darbhanga at Laherisarai in

Patna High Court CR. MISC. No.47183 of 2023(2) dt.03-08-2023 3/3 connection with Singhwara P.S. Case No. 217 of 2022.

8. The application stands allowed.

(Chandra Prakash Singh, J) Alok Verma/- U T