Dev Kumar Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69207 of 2022 Arising Out of PS. Case No.-166 Year-2022 Thana- SAHAR District- Bhojpur ====================================================== 1.

Dev Kumar Chaudhary Son of Late Shivlakhan Chaudhary Resident of village - Mathiyapur, P.S.- Chandi, District - Bhojpur. 2.

Susila Devi Wife of Dev Kumar Chaudhary Resident of village - Mathiyapur, P.S.- Chandi, District - Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prabhat Kumar Singh, Advocate For the Opposite Party/s :

Mr.Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 01-05-2023 Heard learned counsel appearing on behalf of the petitioners and learned Additional Public Prosecutor appearing on behalf of the State.

Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. The accused/petitioners are named in F.I.R and apprehending their arrest in connection with Sahar P. S. Case No. 166 of 2022 registered for the offences punishable under Section 304-B of the Indian Penal Code.

The allegation against above named petitioners is to cause death of daughter of informant, along with other coaccused persons/relatives/family members, due to non-

Patna High Court CR. MISC. No.69207 of 2022(2) dt.01-05-2023 2/3 fulfillment of demand of dowry as raised for one motorcycle. Learned counsel appearing on behalf of the petitioners submitted that both petitioners were implicated with present case only for the reason that they are relatives of the deceased and her husband's. It is submitted that petitioner no.1 is the husband of petitioner no.2, who is sister-in-law, living separately with deceased and her husband since much earlier to this occurrence and as such, having no occasion to concern with their daily and domestic affairs. It is further submitted that thrust of allegation, as per FIR, is available against husband and mother-in-law, who are not petitioners for the present. While concluding the argument, it is submitted that petitioners are person of clean antecedent.

Learned APP for the State opposes the prayer of anticipatory bail.

Considering the aforesaid facts and circumstances, as both petitioners are in-laws, living separately and having of clean antecedent, let both above named petitioners, in the event of their arrest or surrender before learned Court below within a period of four weeks, are directed to be released on bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction

Patna High Court CR. MISC. No.69207 of 2022(2) dt.01-05-2023 3/3 of the learned Chief Judicial Magistrate, Bhojpur at Ara/concerned Court, in connection with Sahar P. S. Case No. 166 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Chandra Shekhar Jha, J) R.S.Sen/- U T