Raj Kumar Chaudhary And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.42183 of 2017 Arising Out of PS.Case No. -142 Year- 2016 Thana -KHUDAGANJ District- NALANDA (BIHARSHARIFF) ======================================================
1. Raj Kumar Chaudhary, Son of Late Agnu Chaudhary.
2. Anita Devi, Wife of Raj Kumar Chaudhary. Both resident of Village Baira, Police Station- Khudaganj, District- Nalanda. .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Anil Kumar Singh, Advocate For the Opposite Party/s : Mr. Binod Kumar 2, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 21-09-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
Petitioners seek bail in connection with Khudaganj P.S. Case No. 142 of 2016 registered for the offence punishable under Sections 304(B)/34 of the Indian Penal Code. The prosecution case, as lodged by the informant, is that his sister, Manorama Kumari was married to one Sujit Kumar four years back and for non-fulfilment of demand of Rs. two lacs, petitioners, who are father-in-law and mother-in-law along with the husband, Sujit Kumar, have burnt her and she died during course of treatment.
It is submitted by the learned counsel for the
Patna High Court Cr.Misc. No.42183 of 2017 (2) dt.21-09-2017 2/3 petitioners that they are innocent and have been falsely implicated in the aforesaid case. He submits that the husband is already in custody and the petitioners are father-in-law and mother-in-law respectively and have separate home and hearth from their son and deceased daughter-in-law. He submits that the injury report speaks of burn injury, but no smell of kerosene oil has been found during preliminary check up of the injured. He submits that investigation is going on and the petitioners undertake to cooperate with the investigation.
However, learned A.P.P. for the State opposes the prayer for bail stating therein that the petitioners along with husband of the deceased have burnt to death the sister of the informant.
Considering the facts and circumstances and the materials on record, let the petitioners, named above, be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Rs. Ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Hilsa, Nalanda in connection with Khudaganj P.S. Case No. 142 of 2016, subject to the condition that both the bailors would be close relative of the petitioners, petitioners would not induce or tamper with the evidence, will appear before the concerned P.S./
Patna High Court Cr.Misc. No.42183 of 2017 (2) dt.21-09-2017 3/3 Court on each and every date and failure to appear on two consecutive dates without assigning any reason will entail cancellation of their bail bonds.
(Nilu Agrawal, J.) Arjun/- U T