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Patna High CourtCR. MISC./76736/2023bail granted

Bechan Choudhary @ Bechan Singh v. The State Of Bihar

2023-12-21Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76736 of 2023 Arising Out of PS. Case No.-166 Year-2023 Thana- KOCHAS District- Rohtas ====================================================== 1.

Bechan Choudhary @ Bechan Singh Son of Late Rajmuni Singh R/o vill - Chatar, P.S. - Kochas, Distt. - Rohtas 2.

Amrawati Devi @ Umarawati Devi W/o Bechan Singh R/o vill - Chatar, P.S. - Kochas, Distt. - Rohtas 3.

Shashikala Devi W/o Annu Kumar Singh R/o vill - Itadhi, P.O. - Kaithi, P.S. - Sonhar, Distt. - Kaimur (Bhabhua) 4.

Jyoti Devi @ Jyoti Kumari W/o Sonu Kumar R/o vill - Pithwaiya, P.O. - Duiyan, P.S. - Dinara, Distt. - Rohtas ... ... Petitioners

Versus

1.

The State Of Bihar 2.

Gita Devi Wife Of Rohit Singh @ Nanhi, Daughter Of Kameshwar Singh Residents Of Village Chatar P.S. Kochas District Rohtas At Present Residing At Vill. Agarsi Dihra, P.S. Kochas, District Rohtas ... ... Opposite Partys ====================================================== Appearance :

For the Petitioner/s :

Mr. Bajarangi Lal, Advocate For the Informant :

Mr. Siddharth Harsh, Advocate For the State :

Mr. Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 21-12-2023 Learned counsel for the petitioners are permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

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

3. The petitioners are apprehending their arrest in a case in connection with Kochas P.S. Case No. 166 of 2023 dated 04.06.2023 registered for the offence/s punishable u/ss 341, 323, 498A/34 of the

Patna High Court CR. MISC. No.76736 of 2023(2) dt.21-12-2023 2/3 Indian Penal Code and under Section 3 /4 of Dowry prohibition Act.

4. As per the prosecution case, all the accused persons were torturing for non-fulfillment of the demand of four wheeler. Further, all the accused persons on 03.06.2023 assaulted the informant due to which she became unconscious. Thereafter, they threw her on the street.

5. Learned counsel for the petitioners have submitted that the petitioners have falsely been implicated in this case. There is general and omnibus allegation against the petitioners. The petitioner No. 1 is father-in-law, petitioner No. 2 is mother-in-law and petitioner no.3 and 4 are married sister-in-law (married nanad) of the the informant. The petitioners neither demanded any dowry nor tortured the informant. The petitioners have no criminal antecedent as stated at para 3 of the bail petition.

6. Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioners.

7. Considering the aforesaid facts and circumstances of the case as well as the allegation being general and omnibus, 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, Rohtas at Sasaram in connection with Kochas P.S. Case No. 166 of 2023, subject to conditions as laid down under

Patna High Court CR. MISC. No.76736 of 2023(2) dt.21-12-2023 3/3 section 438(2) of the Code of Criminal Procedure.

8. The application stands allowed.

(Chandra Prakash Singh, J) shweta/- U T