Kamal Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51800 of 2024 Arising Out of PS. Case No.-141 Year-2024 Thana- CHAINPUR District- Kaimur (Bhabua) ====================================================== 1.

KAMAL CHAUHAN S/O LATE BANSHI CHAUHAN R/O VILL - MUDI, P.S. - CHAINPUR, DIST - KAIMUR (BHABUA) 2.

BASANTI DEVI W/O KAMAL CHAUHAN R/O VILL - MUDI, P.S. - CHAINPUR, DIST - KAIMUR (BHABUA) ... ... Petitioner/s

Versus

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

For the Petitioners :

Mr. Kumar Sunil, Advocate For the State :

Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-08-2024 Heard learned counsels for the parties.

2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 304B and 34 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act.

3. It is a case of "dowry death".

4. It is submitted by learned counsel for the petitioners that Petitioner No. 1 is father-in-law and Petitioner No. 2 is mother-in-law of the deceased. Petitioners are victim of over implication. There is no specific allegation of demand of dowry or torture. They are separate in mess & property and have got no concern with the affairs of the deceased and her husband. Thrust

Patna High Court CR. MISC. No.51800 of 2024(2) dt.21-08-2024 2/2 of accusation is against husband of the deceased, who is in custody since 24.04.2024. Petitioners claim clean antecedents.

5. Learned A.P.P. for the State and learned counsel appearing on behalf of informant have vehemently opposed the prayer for grant of anticipatory bail to the petitioners and submitted that petitioners are named in the F.I.R..

6. Considering the aforesaid facts and circumstances, the prayer for grant of anticipatory bail to the petitioners is allowed.

7. Accordingly, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioners be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-II, Kaimur (Bhabua), in connection with Chainpur P.S. Case No. 141 of 2024, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) shashank/- U T