Bhonu Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54872 of 2024 Arising Out of PS. Case No.-257 Year-2023 Thana- NOORSARAI District- Nalanda ====================================================== 1.
Bhonu Chaudhary Son Of Late Ashok Chaudhary Village- Rasalpur Pokhar, Ps -Noorsarai, District- Nalanda 2.
Guriya Devi Wife Of Bhonu Chaudhary Village- Rasalpur Pokhar, Ps -Noorsarai, District- Nalanda 3.
Pratim @ Pratima Devi Wife Of Tuni Chaudhary @ Tunni Kumar VillageRasalpur Pokhar, Ps -Noorsarai, District- Nalanda ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Raj Kishor Prasad, Adv.
For the Opposite Party/s :
Mr. Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-09-2024 Heard learned counsel for the petitioners and learned counsel for the State.
2. The petitioners apprehend their arrest in connection with Noorsarai P.S. Case No. 257 of 2023 (G.R. No. 2989 of 2023) registered under Section 304(B) of the Indian Penal Code.
3. It is case of dowry death.
4. As per prosecution case, informant solemnized the marriage of his sister with co-accused Sonu Chaudhary four years ago according to Hindu rites and customs. After two years of marriage, informant's sister blessed with a female child, and after that the husband and in-laws of informant's sister
Patna High Court CR. MISC. No.54872 of 2024(2) dt.04-09-2024 2/3 demanded a motorcycle as dowry. Due to non-fulfillment of the same, she was subjected to cruelty. It is further alleged that on 07.06.2023 at about 7 A.M., he got information that his sister was done to death by her in-laws after administering poison.
5. Learned counsel appearing on behalf of the petitioners submits that petitioners are innocent and have falsely been implicated in the present case. Further submission is that petitioner no. 1 is Bhaisur and petitioner nos. 2 and 3 are Gotani of the deceased respectively. Petitioners are victims of over implications. They are separate in mess and property and have never tortured the deceased and demanded any dowry. Thrust of accusation is against husband of the deceased, who is already in custody. Petitioners have got no criminal antecedent.
6. Learned A.P.P. for the State vehemently opposed the prayer for bail of the petitioners.
7. Having considered the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of arrest or surrender before the learned court below within a period of eight weeks from today, on furnishing bailbonds of Rs. 10,000 (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Nalanda at Biharsharif in connection with
Patna High Court CR. MISC. No.54872 of 2024(2) dt.04-09-2024 3/3 Noorsarai P.S. Case No. 257 of 2023 (G.R. No. 2989 of 2023), subject to the conditions as laid down under Section 438(2) of the Cr. P.C.
(Prabhat Kumar Singh, J) utkarsh/- U T