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Patna High CourtCR. MISC./57443/2018bail granted

Dhuri Chaudhary And ORS v. The State Of Bihar

2018-11-02Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57443 of 2018 Arising Out of PS.Case No. -36 Year- 2018 Thana -SATHI DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Dhuri Chaudhary, S/o Late Jagi Chaudhri,

2. Upendra Chaudhary S/o Dhuri Chaudhari,

3. Ramayan Chaudhary @ Ramayan Kumar S/o Dhuri Chaudhary,

4. Phulenda Devi W/o Dhuri Chaudhary,

5. Geeta Devi @ Rita Devi @ Reetam Devi, W/o Bechu Chaudhary,

6. Ritu Devi @ Rintu Devi, W/o Upendra Chaudhary, All six are R/o Vill. - Lachhnauta, P.S. - Sathi, District- West Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bimlesh Kumar Pandey For the Opposite Party/s : Mr. Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 02-11-2018 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 304(B) and 201/34 of the Indian Penal Code.

It has been informed by the learned counsel for the petitioners that the petitioner no. 1 Dhuri Chaudhary has already been arrested in this case, hence, his prayer for anticipatory bail has become infructuous.

The petitioners are relations of the husband of the

Patna High Court Cr.Misc. No.57443 of 2018 (3) dt.02-11-2018 2/2 victim of dowry death who died within a year of her marriage in unnatural circumstances. There is general and omnibus allegation of demand of dowry and torture for the same.

The husband and father-in-law are already in custody. Considering the general and omnibus nature of allegation and the fact that there is growing tendency to rope all the family members in such type of cases, let the petitioner nos. 2 to 6, above named, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.20,000/- (rupees twenty thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Sathi Police Station Case No. 36 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner nos. 2 to 6 shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner nos. 2 to 6.

(Birendra Kumar, J) Kundan/Rajan U T