Upendra Chouhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7586 of 2021 Arising Out of PS. Case No.-214 Year-2020 Thana- PAKARIBARAW District- Nawada ====================================================== 1.

UPENDRA CHOUHAN S/o Yugal Chouhan R/o village- Yogi Bigha, P.S.- Dhamoul, District- Nawada 2.

Puspa Devi W/o Upendra Chouhan R/o village- Yogi Bigha, P.S.- Dhamoul, District- Nawada 3.

Tara devi @ Taravati Devi @ Markari Devi W/o Late Yugal Choudhan R/o village- Yogi Bigha, P.S.- Dhamoul, District- Nawada ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sheo Kumar Prasad, Advocate For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-06-2021 Heard learned counsel for the petitioners and learned APP for the State through virtual mode.

Counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks from the date of restoration of normalcy. Counsel for the petitioners seeks permission to withdraw the present application filed on behalf of petitioner No.3 as the petitioner No.3 has been taken into judicial custody. Permission is accorded.

The application filed on behalf of petitioner No.3 is dismissed as withdrawn.

Patna High Court CR. MISC. No.7586 of 2021(2) dt.22-06-2021 2/3 The petitioners No.1 and 2 are apprehending their arrest in a case registered under Sections 302, 201, 498A, 34 of the Indian Penal Code.

Allegation is that the accused persons incluidng the petitioners No.1 and 2 caused death of the daughter of the informant due to non-fulfilment of demand of dowry. It has been submitted on behalf of the petitioners No.1 and 2 that the petitioners No.1 and 2 have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners No.1 and 2. The petitioners No.1 and 2 have falsely been implicated in the present case. The petitioner No.1 is Bhaisur of the deceased and petitioner No.2 is Gotani of the deceased. They are separate in mess and property from the husband of the deceased. They have got no concern with the alleged occurrence.

On behalf of the State, it is submitted that the petitioners No.1 and 2 are named in the complaint case/F.I.R. Considering the facts and circumstances of the case and also the lockdown, the petitioners No.1 and 2, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on their personal bond to the satisfaction of

Patna High Court CR. MISC. No.7586 of 2021(2) dt.22-06-2021 3/3 learned Chief Judicial Magistrate, Nawada in connection with Pakribrawan P.S. case No.214 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioners No.1 and 2 will furnish bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Narendra/- U T