Bhaw Nath Chandrabanshi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74909 of 2022 Arising Out of PS. Case No.-50 Year-2022 Thana- CHAORI District- Bhojpur ====================================================== 1.

BHAW NATH CHANDRABANSHI SON OF LATE LAKHAN SINGH R/O VILLAGE- ATHAPA, P.S.- CHAURI, DISTRICT- BHOJPUR 2.

FULESHWARI DEVI WIFE OF BHAW NATH CHANDRABANSHI R/O VILLAGE- ATHAPA, P.S.- CHAURI, DISTRICT- BHOJPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shantam Shivam For the Opposite Party/s :

Mr.J.N. Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 04-05-2023 Heard learned counsel for the petitioners as well as Shri, J.N. Thakur, learned APP for the State. In this case, the petitioners are seeking regular bail in connection with Chauri P.S. Case No. 50 of 2022, registered for the offences punishable under Sections 304(b), 201, 34 of the Indian Penal Code.

As per allegation, the marriage of the deceased was solemnized with co-accused Arjun Kumar, the son of the petitioners in the year 2018. The accused persons subjected the victim to physical and mental cruelty for demand of dowry. On 11.06.2022, he got an information that the accused persons badly assaulted her. When the informant went to the

Patna High Court CR. MISC. No.74909 of 2022(4) dt.04-05-2023 2/3 matrimonial house of his daughter, he came to know that his son-in-law and other in-laws committed murder of his daughter and they were cremating her on the bank of river. The deadbody, in semi-burnt condition, was recovered. Learned counsel for the petitioners has submitted that the petitioners are father-in-law and mother-in-law of the deceased. They have no concern with day-to-day affairs of the couple. They are aged persons of 73 years and 68 years respectively. They are the persons of clean antecedent and are under custody since 20.08.2022.

On the other hand, the learned APP has opposed the prayer for bail.

Considering the above-mentioned facts and circumstances, clean antecedents of the petitioners and period of detention, let the petitioners, above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, X, Bhojpur at Ara in connection with Chauri P.S. Case No. 50 of 2022, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available on each and every date of trial.

Patna High Court CR. MISC. No.74909 of 2022(4) dt.04-05-2023 3/3 In case of failure on two consecutive dates without any valid reason, the learned court below will be at liberty to cancel the bail bond of the petitioner.

(ii) If the petitioners are found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioners and the learned court below will take decision in accordance with law.

(Nawneet Kumar Pandey, J) SONALI/- U T