Kaushal Chaupal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50140 of 2023 Arising Out of PS. Case No.-209 Year-2022 Thana- GHANSHYAMPUR District- Darbhanga ====================================================== 1.
Kaushal Chaupal Son Of Fuleshwar Chaupal Resident Of Village- Nawtilia, Ps- Ghanshyampur, Distt- Darbhanga 2.
Fuleshwar Chaupal Son Of Late Puran Choupal Resident Of VillageNawtilia, Ps- Ghanshyampur, Distt- Darbhanga ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Aryan Singh, Advocate For the Opposite Party/s :
Mr.Shailendra Kumar, 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 Ghanshayampur P.S. Case No. 209 of 2022 dated 08.08.2022 registered for the offences punishable u/ss 328, 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.50140 of 2023(2) dt.09-08-2023 2/3 informant's daughter by administering poison to her due to nonfulfillment of demand of Rs. 1,00,000/- as dowry.
5. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. The petitioners neither demanded any dowry nor tortured the informant's daughter. There is general and omnibus allegation against the petitioners. It is further submitted that the petitioner no. 1 is the husband and the petitioner no. 2 is the father-in-law of the deceased. The petitioners have clean antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 11.09.2022.
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, Darbhanga in connection with Ghanshyampur P.S. Case No. 209 of 2022 with the condition :- (i) The petitioners are directed to remain physically present
Patna High Court CR. MISC. No.50140 of 2023(2) dt.09-08-2023 3/3 before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, their bail bonds are liable to be cancelled.
8. The application stands allowed.
(Chandra Prakash Singh, J) Gautam/- U T