Vijay Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70242 of 2024 Arising Out of PS. Case No.-126 Year-2023 Thana- BANSHI District- Jehanabad ====================================================== 1.

Vijay Chaudhary Son of Bundlali Chaudhary R/O Vill.- Moglapur, P.S.- Banshi, District- Arwal 2.

Lakhiya Devi Wife of Vijay Chaudhary R/O Vill.- Moglapur, P.S.- Banshi, District- Arwal ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar Jha For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 17-01-2025 Heard learned counsel appearing on behalf of the parties.

2.

The petitioners apprehend their arrest in connection with Banshi P.S. Case No.126 of 2023 registered for the offence under Sections 304(B), 201/34 of the Indian Penal Code.

3.

The allegation against the petitioners along with other co-accused persons is to have committed murder of daughter of the informant, due to non-fulfillment of demand of dowry.

4.

Learned counsel appearing on behalf of the petitioners submits that the petitioners have falsely been

Patna High Court CR. MISC. No.70242 of 2024(2) dt.17-01-2025 2/3 implicated in the present case, where, petitioner no.1 is fatherin-law and petitioner no.2 is mother-in-law. It is submitted that the husband, namely, Chandan Kumar of the deceased, namely, Rita Kumari has already been granted regular bail by this Court through Cr. Misc. No.17061 of 2021 on 20.04.2024. It is submitted that no specific allegation as regard to committing murder of the deceased has been levelled against these petitioners rather the allegation against these petitioners is general and omnibus in nature. It is also submitted that no postmortem of the dead body of the deceased has been conducted by the investigating officer. It is submitted that petitioners are man of clean antecedent.

5.

Learned APP appearing on behalf of the State, opposes the prayer of bail of the petitioners. 6.

Considering the aforesaid facts and circumstances of the case, submissions made on behalf of the petitioners and as the husband of the deceased has already been granted regular bail by this Court and as the petitioners are father-in-law and mother-in-law of the deceased and as no postmortem of the dead body of the deceased has been conducted by the investigating officer and as the investigating officer as well as the informant did not brought any evidence in

Patna High Court CR. MISC. No.70242 of 2024(2) dt.17-01-2025 3/3 support of version of FIR and it appears from paragraph no.47 of the case diary that all the witness stated about the cause of death of the deceased is due to electric shock, let the abovenamed petitioners be released on anticipatory bail in the event of their arrest or surrender before the trial court within a period of six weeks from today on furnishing bail bond of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Arwal in connection with Banshi P.S. Case No.126 of 2023 subject to the condition laid down under Section 438(2) of Cr.P.C.

(Ramesh Chand Malviya, J) S.Katyayan/- U T