Sonu Chaudhary And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.65206 of 2018 Arising Out of PS. Case No.-180 Year-2017 Thana- SIKANDRA District- Jamui ======================================================

1. Sonu Chaudhary Sons of Sri Shankar Chaudhary

2. Chhotu Chaudhary Sons of Sri Shankar Chaudhary

3. Shankar Chaudhary Son of Late Bhola Chaudhary All Resident of Village-Jhullo,P.S. Sikandra,Distt.-Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prakash Mahto For the Opposite Party/s :

Mr. Braj Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 13-12-2018 Learned counsel for the petitioners is permitted to make necessary correction in the petition as prayed for. Heard learned counsels for the parties.

The petitioners, being brother and father of the husband of the victim are apprehending arrest in a case registered for the offences punishable under Sections 302/34 of the IPC. The prosecution case as per the written report of Kunil Singh is to the effect that on 21.11.2017, the in-laws family members killed the daughter of the informant. The marriage of the victim was performed about seven years prior to her death but torture is alleged to have been inflicted upon the victim by the petitioners and other co-accused.

It is submitted by learned counsel for the petitioners that

Patna High Court Cr.Misc. No.65206 of 2018(2) dt.13-12-2018 2/2 on completion of investigation, charge-sheet has been submitted against the husband of the victim under Sections 304/34 of the IPC. It is further submitted that admittedly the informant is not the eye witness to the occurrence. Statement has been made in paragraph 3 of the petition that the petitioners are not having any criminal antecedent.

Learned APP submits that petitioners are named in the FIR. Considering the suspicious nature of accusation and the fact that husband of the victim has been chargesheeted for the offence under Section 304/34 IPC, coupled with fact that he has been granted regular bail, let the petitioners above named be released on anticipatory bail in the event of arrest or surrender within 12 weeks 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 JM Ist Class, Jamui, in connection with Sikandra P.S. Case No.180 of 2017 subject to the conditions laid down in Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) anil/- U