Jitendra Chaudhary And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58290 of 2015 Arising Out of PS.Case No. -57 Year- 2015 Thana -ARWAL District- JEHANABAD ======================================================

1. Jitendra Chaudhary,

2. Deepak Chaudhary Both sons of Jokhan Chaudhry, Resident of Village - Arwal Sipah, P.O. - Arwal, P.S. - Arwal, District - Arwal .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Brij Mohan Kumar Singh, Advocate For the Opposite Party/s : Mr. R.P.Saran Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 01-02-2016 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

This application for grant of anticipatory bail arises out of Arwal P.S. Case No. 57 of 2015, disclosing offences under Sections 302, 201/34 of the Indian Penal Code. The petitioners are the brothers of the husband of the deceased.

Learned counsel for the petitioners submits that no case under Section 302 is made out against them on the basis of the First Information Report. He submits that the deceased was married to the brother of the present petitioners nearly 10 years ago and there is no material in the First Information Report, which

Patna High Court Cr.Misc. No.58290 of 2015 (2) dt.01-02-2016 2/2 can suggest that the petitioners were involved in commission of any crime, leading to death of the deceased.

I find force in the submission made on behalf of the petitioners that this is an exceptional circumstance where this Court should grant anticipatory bail, making allegation of commission of offence in this case, this application is allowed. Let the petitioners, above-named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Arwal in connection with Arwal P.S. Case No. 57 of 2015, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present themselves before the police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Vats/- U T