Jai Prakash Choudhary And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.76071 of 2018 Arising Out of PS. Case No.-66 Year-2018 Thana- MAHILA PS District- Buxar ======================================================

1. Jai Prakash Choudhary Son of Binod Choudhary,

2. Nirmla Devi, Wife of Jai Praksh Choudhary

3. Rajesh Kumar Choudhary Son of Jai Praksh Choudhary All resident of Village- Salempur, P.S. Manjhi, District- Chhapra (Saran).

4. Manoj Kumar Choudhary @ Manoj Chaudhary, Son of Late Shri Ram Choudhary.

5. Rita Devi Wife of Manoj Kumar Choudhary.

Both resident of Village- Rameshar Tola, P.S. Bairiya, District- Baliya (U.P)

6. Sunil Kumar Choudhary Son of RamChanar Choudhary,

7. Suman Devi Wife of Sunil Choudhary, Both resident of Village- Gajipur, P.S.- Patwali, District- Gajipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bachan Jee Ojha For the Opposite Party/s :

Mr. Anuj Kumar Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 09-01-2019 Heard learned Counsel for the petitioners, learned Counsel appearing for the informant and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Buxar (Mahila) Police Station Case No. 66 of 2018, disclosing offences under Sections 341, 323, 504, 506, 406, 498A/34 of the Indian Penal Code.

The petitioner no. 1 is father, petitioner no. 2 is mother, petitioner no. 3 is brother and petitioner nos. 5 and 7 are

Patna High Court Cr.Misc. No.76071 of 2018(3) dt.09-01-2019 2/3 married sisters of the husband of the informant. The petitioner nos. 4 and 6 are husbands of petitioner nos. 5 and 7 respectively. Learned Counsel for the petitioners appears to be correct in his submission that allegation against all the persons named in the First Information Report of demand of dowry is general and omnibus.

Learned Counsel appearing on behalf of the informant has vehemently opposed the prayer for anticipatory bail. However, considering the nature of accusation, this application is allowed.

Let the petitioners, Jai Prakash Choudhary, Nirmla Devi, Rajesh Kumar Choudhary, Manoj Kumar Choudhary @ Manoj Choudhary, Rita Devi, Sunil Kumar Choudhary and Suman Devi, in the event of their arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Buxar, in connection with Buxar (Mahila) Police Station Case No. 66 of 2018, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners

Patna High Court Cr.Misc. No.76071 of 2018(3) dt.09-01-2019 3/3 shall present themselves before the police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J.) ragini/- U √ T √