Binda Lal Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56814 of 2019 Arising Out of PS. Case No.-83 Year-2019 Thana- RIGA District- Sitamarhi ====================================================== 1.

BINDA LAL CHAUDHARY Son of Hari Charan Chaudhary @ Hari Charan Chaudhari Resident of Village - Panapur, P.S.- Riga, District - Sitamarhi.

2.

Indu Devi Wife of Binda Lal Chaudhary Resident of Village - Panapur, P.S.- Riga, District - Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hans Lal Kumar For the Opposite Party/s :

Mr.Raj Ballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 16-11-2019 Heard learned counsel for the parties.

Petitioners apprehend their arrest in a case registered for the offence punishable under Sections 304B, 201 and 120B of the Indian Penal Code.

Informant has alleged in his written complaint that his daughter Raj Rani was married to the son of the petitioners and at the time of marriage gifts and ornaments were given but soon thereafter she was being tortured for non fulfillment of demand of dowry of motorcycle and Rs. 5 lacs.

It has been submitted on behalf of the petitioners that they are Mother-in-Law and Father-in-Law of the deceased and they reside separately and are not concerned with the affairs of

Patna High Court CR. MISC. No.56814 of 2019(4) dt.16-11-2019 2/3 their son and his family. Allegation against all the family members are vague and general in nature and as a matter of fact the deceased died due to diarrhoea. Informant and other persons were present at the time of cremation and subsequently this false case has been instituted at the instance of their enemies. From the said wedlock a son was also born.

Considering the aforesaid facts and circumstances of the case, let the petitioners named above be released on anticipatory bail in the event of their arrest or surrender before the court below within a period of four weeks from today upon furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending, in connection with Riga P.S. Case No. 83 of 2019, subject to the conditions laid down under Section 438(2) of the Cr.P.C with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and their absence on two consecutive dates without sufficient reason, their bail bonds shall be cancelled by the court below.

Patna High Court CR. MISC. No.56814 of 2019(4) dt.16-11-2019 3/3

(3) If the petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners. (S. Kumar, J) ranjan/- U