Shyam Sunder Chaudhari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58634 of 2022 Arising Out of PS. Case No.-28 Year-2022 Thana- JAMOBAZAR District- Siwan ====================================================== 1.

SHYAM SUNDER CHAUDHARI S/O LATE SHEOJI CHAUDHARY Resident of Village- Bahadurpur, P.S.- Jamo Bazar District- Siwan. 2.

ANIL CHAUDHARY @ ANIL KUMAR CHAUDHARY S/O LATE SHEOJI CHAUDHARY Resident of Village- Bahadurpur, P.S.- Jamo Bazar District- Siwan.

3.

RAJ KUMARI DEVI W/O LATE SHEOJI CHAUDHARY Resident of Village- Bahadurpur, P.S.- Jamo Bazar District- Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raghav Prasad, Advocate.

For the Opposite Party/s :

Mr. Narendra Kumar Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 07-02-2023 Learned counsel for the petitioners is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in connection with Jamo Bazar P.S. Case No. 28 of 2022 registered for the offences punishable under Sections 304B and 201 read with Section 34 of the Indian Penal Code.

As per the prosecution case, the petitioners along with the co-accused persons are alleged to have committed

Patna High Court CR. MISC. No.58634 of 2022(4) dt.07-02-2023 2/3 murder of the daughter of the informant due to non-fulfilment of demand of dowry and the dead body of the informant's daughter was disappeared by them.

Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this case. No such occurrence as alleged has ever taken place. The deceased and her husband were living separately from the petitioners. There is general and omnibus allegation against the petitioners. The petitioner no. 1 & 2 are Dewar and Bhaishur and the petitioner no. 3 is mother-in-law of the deceased. Learned counsel further submits no case is made out against the petitioners. The petitioners have no criminal antecedent as stated in para 3 of the bail petition.

Learned A.P.P. for the State has vehemently opposed the prayer of anticipatory bail petition of the petitioners. Considering the aforesaid facts and circumstances, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) each with two sureties of the like amount each to the satisfaction of the learned Court concerned, Siwan in connection with Jamo Bazar P.S. Case No. 28 of 2022, subject

Patna High Court CR. MISC. No.58634 of 2022(4) dt.07-02-2023 3/3 to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

The application stands allowed.

(Chandra Prakash Singh, J) shakir/- U