Ganesh Kumar @ Ganesh Chaurasiya And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36576 of 2017 Arising Out of PS.Case No. -22 Year- 2016 Thana -KAUAKOL District- NAWADA ======================================================

1. Ganesh Kumar @ Ganesh Chaurasiya, Son of Lakshman Chaurasiya,

2. Tinku Chaurasiya @ Amit Kumar, Son of Lakshman Chaurasiya,

3. Priyanka Kumari @ Malti Devi, D/o Lakshman Chaurasiya, All are R/o Village- Rani Bazar (Kawakole), P.S.- Kawakole, District- Nawada. .... .... Petitioners/s

Versus

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

For the Petitioners/s : Mr. Bipin Kumar For the Opposite Party/s : Mr. Sri Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-08-2017 The petitioners are apprehending their arrest in connection with Kawakole P.S. Case No. 22 of 2016, registered for offences punishable under Sections 304B/201/34 of Indian Penal Code.

Petitioner nos. 1 and 2 are brothers in law (devar) of the deceased and petitioner no. 3 is married sister in law (nanad) of the deceased and allegation against them is of committing dowry death of the deceased.

It has been submitted on behalf of the petitioners that only and omnibus allegations have been made against the petitioners and they were not at all concerned with the affairs of husband and wife.

Learned counsel for the State could not controvert the

above submissions of learned counsel for the petitioners. Having heard both sides, considering the facts and circumstances of the case, nature of offence and also that petitioners has no criminal antecedent and only general and omnibus allegation has been levelled against him, let the petitioners above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned ACJM, Nawada in connection with Kawakole P.S. Case No. 22 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, this is further subject to the condition that:- (i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioners shall cooperate in the investigation and make themselves available as and when required by the police and on the event of failure on their part two appear

before the police on to consecutive dates without showing any genuine reasons, the prosecution will be free to move for cancellation of their bail bonds.

It is also made clear that if during the investigation any incriminating and serious material come against these petitioners, prosecution will be free to move for cancellation of their bail bonds.

(Vinod Kumar Sinha, J) sunil/- U T