Mahendra Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48480 of 2023 Arising Out of PS. Case No.-237 Year-2021 Thana- DEEPNAGAR District- Nalanda ====================================================== 1.
Mahendra Chaudhary Son Of Late Babulal Chaudhary R/O-Deepnagar, P.S.- DEEPNAGAR, Distt.-NALANDA 2.
Sonu Kumar @ Sonu Chaudhary Son Of Mahendra Chaudhary R/ODeepnagar, P.S.-DEEPNAGAR, Distt.-NALANDA ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pankaj Kumar, Advocate For the Opposite Party/s :
Mr.Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 09-08-2023 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 APP for the State.
3. The petitioners have preferred this application for grant of regular bail in connection with Deepnagar P.S. Case No. 237 of 2021 dated 17.07.2021 registered for the offences punishable u/ss 304B, 201 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 daughter of the informant by pressing her neck due to non-
Patna High Court CR. MISC. No.48480 of 2023(2) dt.09-08-2023 2/3 fulfillment of demand of dowry and her dead body was thrown in the Panchane river, Deepnagar.
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 father-in-law and the petitioner no. 2 is the dewar of the deceased. There is no specific allegation against the petitioners. The husband of the deceased has been in custody. The co-accused persons have already been granted anticipatory bail by the Coordinate Bench of this court vide order dated 18.10.2022 passed in Cr. Misc. No. 34605 of 2022. The petitioners have clean antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 13.03.2023.
6. Learned A.P.P. for the State has opposed the bail petition of the petitioners.
7. Considering the aforesaid facts and circumstances of the case as well as the period of custody and the allegation being general and omnibus, 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, Nalanda at Biharsharif in connection with
Patna High Court CR. MISC. No.48480 of 2023(2) dt.09-08-2023 3/3 Deepnagar P.S. Case No. 237 of 2021.
8. The application stands allowed.
(Chandra Prakash Singh, J) Gautam/- U T