Patna High CourtCR. MISC./78458/2023partly allowed disposal

Anjee Chouhan @ Nandjee Chouhan v. The State Of Bihar

2024-02-29Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78458 of 2023 Arising Out of PS. Case No.-247 Year-2023 Thana- RAJPUR District- Buxar ====================================================== 1.

ANJEE CHOUHAN @ NANDJEE CHOUHAN son of Shatrughna Chouhan Village- Jlahra Ps- Rajpur Dist- Buxar 2.

Sanju Chouhan son of Shatrughna Chouhan Village- Jlahra Ps- Rajpur DistBuxar 3.

Tunna Chouhan @ Lalu Chouhan son of Shatrughna Chouhan VillageJlahra Ps- Rajpur Dist- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Akhilesh Kumar Pandey For the Opposite Party/s :

Mr.Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-02-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. After making some submission, it is submitted by learned counsel for the petitioner No-1, namely Anjee Chouhan @ Nandjee Chouhan that he seeks to withdraw this application.

3. Permission is accorded.

4. This application is dismissed as withdrawn.

5. In view thereof, the bail application has been heard with regard to the petitioner Nos-2 and 3.

6. The petitioners have prayed for regular bail in a case registered for the offence punishable under sections

Patna High Court CR. MISC. No.78458 of 2023(3) dt.29-02-2024 2/3 304B, 201, 34 of the Indian Penal Code.

7. As per FIR, it is a case of dowry death due to non-fulfillment of dowry death.

8. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. The petitioners are brother-inlaw of the deceased and due to family dispute they have falsely been implicated in this present case. The petitioners have no concern with, mess and business of the deceased as well as her husband and they were also living separately. There is no specific allegation levelled against the petitioners and husband of the deceased is also languishing in judicial custody. It is further submitted that the petitioners have got no criminal antecedent. Moreover, they are languishing in judicial custody since 23.06.2023 and 11.07.2023 respectively.

9. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

10. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed

Patna High Court CR. MISC. No.78458 of 2023(3) dt.29-02-2024 3/3 to be released on bail in connection with Rajpur P.S. Case No. 247 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Buxar.

(Sunil Kumar Panwar, J) Manishkr/- U T