Patna High CourtCR. MISC./81742/2024bail granted

Surendra Chaudhary @ Surendra Mallah v. The State Of Bihar

2024-12-06Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81742 of 2024 Arising Out of PS. Case No.-49 Year-2024 Thana- RAMGARH District- Kaimur (Bhabua) ====================================================== Surendra Chaudhary @ Surendra Mallah Son of Lutawan Chaudhary Resident of Village- Narhan, P.S.- Ramgarh, District- Kaimur (Bhabua) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mithilesh Kumar Singh For the Opposite Party/s :

Mr. Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 06-12-2024

1. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of regular bail, arises out of Ramgarh Police Station Case No. 49 of 2024, dated 20.02.2024, disclosing offences under Sections 304-B/34 of the Indian Penal Code.

3. As per the prosecution case the marriage of the informant's daughter was solemnized with the co-accused Vikash Chaudhary on 05.03.2023. After marriage, the informant's daughter was being tortured physically and mentally by her in-laws and their family members, including the petitioner, due to non-fulfillment of demand of dowry. It has come during the course of investigation that motorcycle was being demanded as dowry from the

Patna High Court CR. MISC. No.81742 of 2024(2) dt.06-12-2024 2/3 informant's daughter. On 19.02.2024 the informant's daughter was killed by the accused persons and knowledge of which was received by the informant through the neighbours in the morning of 20.02.2024.

4. Learned counsel for the petitioner submits that the petitioner is father-in-law of the deceased and has been made accused in this case on false and fabricated story. He next submits that general and omnibus allegation has been made against the petitioner and no specific overt act has been attributed to the petitioner. The deceased had heated arguments with her husband and thereafter committed suicide and the cause of death is asphyxia. The petitioner is in custody since 18.09.2024.

5. Regards being had to the submissions made by the parties and taking into consideration the period of custody and the fact that the petitioner is father-in-law of the deceased and allegation against him is general and omnibus in nature, I am inclined to grant regular bail to the petitioner.

Patna High Court CR. MISC. No.81742 of 2024(2) dt.06-12-2024 3/3

6. This application is, accordingly, allowed.

7. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount, each to the satisfaction of learned Additional Chief Judicial Magistrate II, Mohania, Kaimur, in connection to the Ramgarh Police Station Case No. 49 of 2024.

(Anil Kumar Sinha, J) ashwani/- U T