Upendra Chaurasiya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56559 of 2023 Arising Out of PS. Case No.-475 Year-2022 Thana- KUCHAIKOTE District- Gopalganj ====================================================== 1.
UPENDRA CHAURASIYA SON OF RAMBABU PRASAD RESIDENT OF VILLAGE - RASAULI, WARD NO.9 (BARAITHA TOLA), P.O. - RASAULI, P.S. - PANAPUR, DISTRICT - SARAN AT CHAPRA - 841433. PRESENTLY RESIDING AT PASIGHAT, TWO MILE, P.S. - PASIGHAT, DISTRICT - EAST SHYAN, ARUNACHAL PRADESH - 791102 2.
SHARDA DEVI @ SARDA CHAURASIYA WIFE OF UPENDRA CHAURASIYA RESIDENT OF VILLAGE - RASAULI, WARD NO.9 (BARAITHA TOLA), P.O. - RASAULI, P.S. - PANAPUR, DISTRICT - SARAN AT CHAPRA - 841433. PRESENTLY RESIDING AT PASIGHAT, TWO MILE, P.S. - PASIGHAT, DISTRICT - EAST SHYAN, ARUNACHAL PRADESH - 791102 3.
CHAMELI DEVI WIFE OF RAMBABU PRASAD RESIDENT OF VILLAGE - RASAULI, WARD NO.9 (BARAITHA TOLA), P.O. - RASAULI, P.S. - PANAPUR, DISTRICT - SARAN AT CHAPRA - 841433. PRESENTLY RESIDING AT PASIGHAT, TWO MILE, P.S. - PASIGHAT, DISTRICT - EAST SHYAN, ARUNACHAL PRADESH - 791102 ... ... Petitioner/s
Versus
1.
THE STATE OF BIHAR, PATNA 2.
INDRAWATI DEVI WIFE OF BIJENDRFA CHAURASIA, DAUGHTER OR RAMNATH CHAURASIA PRESENTLY RESIDING AT VILLAGE - HATA MATHIYA, P.O. - SASAMUSA, P.S. - SASAMUSA, DISTRICT - GOPALGANJ (BIHAR) ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Jeetendra Narayan, Adv.
For the Opposite Party/s :
Mrs.Veena Kumari Jaiswal, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-10-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 323, 324, 323A, 307, 342, 498(A), 406 read with Section 34 of the Indian
Patna High Court CR. MISC. No.56559 of 2023(2) dt.10-10-2023 2/3 Penal Code.
3. Petitioners are said to have tried to kill the informant due to non-fulfillment of dowry demand.
4. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. Petitioners are in-laws of the informant. No such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. They have no concern with the family affairs of the informant as they have been residing separately in their accommodation. The real fact is that the informant went to Dibrugarh with her husband where she met an accident in course of cooking. There is no role of the petitioners in the alleged occurrence. It is further submitted that husband of the informant has been granted regular bail by a coordinate Bench of this Court vide order dated 14.07.2023 in Cr. Misc. No. 40489 of 2023. Petitioners have no criminal antecedent as mentioned in para-3 of this application.
5. Learned APP for the State opposed the prayer for bail.
6. Having regard to the facts and circumstances of the case and considering the arguments of the parties, the above
Patna High Court CR. MISC. No.56559 of 2023(2) dt.10-10-2023 3/3 named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Kuchaikot P.S. Case No. 475 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) divyanshi/- U T