Visheshar Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64062 of 2019 Arising Out of PS. Case No.-184 Year-2018 Thana- NARDIGANJ District- Nawada ====================================================== 1.

VISHESHAR CHAUHAN, aged about 65 years, Male, Son of Dip Chauhan, Resident of Village - Pancheka, P.S.- Nardiganj, dist.- Nawada 2.

Sanjay Kumar, aged about 22 years, Male, Son of Visheshar Chauhan, Resident of Village - Pancheka, P.S.- Nardiganj, Dist.- Nawada ... Petitioners

Versus

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

For the Petitioners :

Mr. Rajesh Kumar Mishra, Adv.

For the Opposite Party :

Mr. Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 18-10-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the state.

The petitioners seek pre-arrest bail in connection with Nardiganj P.S. Case No. 184 of 2018 registered under Section 304B of the Indian Penal Code.

The accusation is of killing of the daughter of the informant by her husband and in-laws due to non-fulfillment of demand of motorcycle in dowry.

The learned counsel appearing on behalf of the petitioners submits that both the petitioners are father-in-law and brother-in-law of the deceased daughter of the informant and no specific allegation has been alleged against them. In fact, daughter of the informant was suffering meningitis and due to that reason, she committed suicide and, thereafter, information was given to the informant and the dead body was disposed, but, the informant lodged the present case on mere suspicion. More over, after realizing the real fact, the informant

Patna High Court CR. MISC. No.64062 of 2019(2) dt.18-10-2019 2/2 has filed the compromise petition in the Court of Sri Deepak Kumar, Judicial Magistrate, 1st Class, Nawada, which would appear from Annexure 2.

Further submission is that co-accused, Urmila Devi, the mother-in-law of the deceased daughter of the informant, has already been allowed the privilege of pre-arrest bail vide Cr. Misc. No. 10957 of 2019 on 26.02.2019.

Having regard to the facts and circumstances of the case, let the petitioners, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Nardiganj P.S. Case No. 184 of 2018 shall be released on bail on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of Sri Deepak Kumar, Judicial Magistrate, 1st Class, Nawada, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure Code. (Rajendra Kumar Mishra, J) Shamshad/- U T