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Patna High CourtCR. MISC./50854/2019allowed

Chandan Kumar v. The State Of Bihar

2019-08-16Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50854 of 2019 Arising Out of PS. Case No.-345 Year-2019 Thana- TURKAULIYA District- East Champaran ====================================================== 1.

CHANDAN KUMAR Son of Banarsi Sah Resident of Village - Jaisinghpur Madhopur, P.S.- Turkauliya, Dist.- East Champaran. 2.

Chanda Devi Wife of Chandan Kumar Resident of Village - Jaisinghpur Madhopur, P.S.- Turkauliya, Dist.- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sangeet Deokuliar For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 16-08-2019 A Vaklatnama has been filed on behalf of the informant, which is taken on record.

Heard learned counsel for the parties.

This application for anticipatory bail arises out of Turkauliya P.S. Case N0. 345 of 2019, disclosing offences under Sections 304B/34 of the Indian Penal Code. The petitioner no.1 is brother of the husband of the deceased, whereas petitioner No.2 is wife of petitioner No.1.

Learned counsel appearing on behalf of the petitioners has submitted that there is no specific allegation against these petitioners of having made any demand of dowry. He has submitted that since the petitioners are

Patna High Court CR. MISC. No.50854 of 2019(2) dt.16-08-2019 2/2 related to the husband of the deceased, they have been implicated in the First Information Report.

However, considering the general and omnibus nature of allegation against the family members of the husband of the deceased, this application is allowed. Let the petitioners above named in the event of their arrest/surrender within six weeks from today in the Court below, be released 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 the learned Chief Judicial Magistrate, Motihari, East Champaran in Turkauliya P.S. Case No. 345 of 2019, 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) arun/- U