Patna High CourtCR. MISC./28521/2016bail granted

Manoj Choudhary And ORS v. The State Of Bihar

2016-07-13Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28521 of 2016 Arising Out of PS.Case No. -100 Year- 2016 Thana -DURGAWATI District- BHABHUA (KAIMUR) ======================================================

1. Manoj Choudhary S/o Sri Nageshwar Chaudhary

2. Chandani Kumari D/o Sri Nageshwar Chaudhary

3. Bhuneshwar Choudhary S/o Sri Jagarnath Chaudhary

4. Rukmina Devi W/o Sri Bhuneshwar Chaudhary

5. Sanjha Devi W/o Late Dhaneshwar Chaudhary .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Yogendra Kumar, Advocate For the Opposite Party/s : Mr. Sri Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 13-07-2016 Heard learned counsels for the petitioners and the State.

The petitioners being younger brother, unmarried sister, uncle and aunts of the husband of the victim are apprehending arrest in a case registered for the offences punishable under Sections 304B, 498A, 323, 201, 504/34 of the Indian Penal Code and 3/4 of the Dowry Prohibition Act. Prosecution case is of killing the daughter of the informant after three years of marriage for non-fulfillment of dowry demand.

It is submitted by learned counsel for the petitioners

Patna High Court Cr.Misc. No.28521 of 2016 (2) dt.13-07-2016 2/2 that the thrust of accusation is against the husband of the victim. The petitioners claim to be separate from the husband of the victim. Admittedly, the victim died on 23.03.2010 whereas the present complaint was filed on 09.04.2010 which came to be registered as police case on 18.04.2016 and the accusation is not specific against the petitioners.

Considering the delayed lodging of the case and the thrust of accusation against the husband of the victim, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned CJM, Bhabua (Kaimur) in connection with Durgawati P.S. Case No.100/2016, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Ashwini/- U T