Durgawati Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85710 of 2023 Arising Out of PS. Case No.-1418 Year-2008 Thana- BUXAR COMPLAINT CASE DistrictBuxar ====================================================== 1.

Durgawati Devi W/o Ganga Sagar Chaudhary R/o vill - Deokuli, P.S. - Brahampur, Distt. - Buxar 2.

Sangeeta Devi W/o Sanjay Kumar Chaudhary R/o vill - Deokuli, P.S. - Brahampur, Distt. - Buxar 3.

Laxuman Choudhary @ Raju Ranjan Choudhary Son of Ganga Sagar Chaudhary R/o vill - Deokuli, P.S. - Brahampur, Distt. - Buxar ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Siddhnath Chaudhary Son of Ram Vilash Chaudhary R/o vill - Ojhwaliya, P.S. - Brahampur, Distt. - Buxar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shashank Shekhar For the Opposite Party/s :

Mr.Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-01-2024 Heard learned counsel for the parties.

2.

The petitioners apprehend their arrest in a case registered for the offence punishable u/s 304(B)/34/201 of the IPC and 3⁄4 of the Dowry Prohibition Act.

3.

Allegedly, the daughter of the complainant is said to have been killed by the F.I.R. named accused persons including the petitioners.

4.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case due to grudge. Petitioners are the in-laws of the deceased and there is general and

Patna High Court CR. MISC. No.85710 of 2023(2) dt.18-01-2024 2/2 omnibus allegation against them. After investigation, police has filed final form but the informant filed a protest petition in the Court below, which was converted into complaint case and learned Court below took cognizance against the petitioner. It is further submitted that in the protest petition, the husband of the deceased was also made accused but the Court below did not take cognizance against the husband of the deceased and took cognizance against the petitioners only. Petitioners have no criminal antecedent.

5.

Learned APP for the State opposed the prayer for bail. 6.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Complaint Case (Buxar) No.1418C/2008, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T