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Patna High CourtCR. MISC./1087/2025bail granted

Krishn Chaudhary @ Krishna Chaudhary v. The State Of Bihar

2025-02-05Mr. Justice Arun Kumar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1087 of 2025 Arising Out of PS. Case No.-134 Year-2024 Thana- ASHTHAWAN District- Nalanda ====================================================== 1.

Krishn Chaudhary @ Krishna Chaudhary S/O Late Hari Chaudhary R/O Village- Dumrawan, P.S - Asthawan, District - Nalanda. 2.

Malti Devi W/O Krishn Chaudhary @ Krishna Chaudhary R/O VillageDumrawan, P.S - Asthawan, District - Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pankaj Kumar, Advocate For the State :

Mr. Bharat Bhushan, APP For the Informant :

Mr. Dineshwar Prasad Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 05-02-2025 Heard learned counsel for the petitioners and learned APP for the State as well as learned counsel for the informant.

2. In the present case, the petitioners seek bail in connection with Asthawan P.S. Case No. 134 of 2024 registered for the alleged offences under Sections 304(B) and 120(B) of the Indian Penal Code.

3. As per prosecution case, daughter of the informant was married with co-accused Lakshman Kumar, who is the son of the petitioners and allegation is that the daughter of the informant was tortured on account of demand of dowry. She died within a year and half of marriage and the informant showed his suspicion that the petitioners and other co-accused persons were involved in causing her death.

4. Learned counsel for the petitioners submits that the

Patna High Court CR. MISC. No.1087 of 2025(2) dt.05-02-2025 2/3 petitioners are innocent and have been falsely implicated in this case. The petitioners are the parents-in-law of the deceased and they are aged about 74 and 69 years, respectively. They never demanded any dowry and never tortured the daughter of the informant on this account. The son of the petitioners performed love marriage and the petitioners have been staying separately from the deceased and her husband. Learned counsel further submits that some quarrel took place between the deceased and her husband and she committed suicide and post-mortem report also shows this fact as there was no strangulation on the body of the deceased. Learned counsel further submits that the petitioners having no concern with the matrimonial life of the deceased. Petitioners are in custody since 17.09.2024 and charge-sheet has been submitted. Petitioners are having clean antecedent.

5. Learned APP as well as learned counsel appearing on behalf of the informant vehemently oppose the submission made on behalf of the petitioners. Learned counsel for the informant submits that there is direct allegation against the petitioners, who are parents-in-law of the deceased, for causing her death in conspiracy with other co-accused persons.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the fact that the petitioners are stated to be the parents-in-law and further

Patna High Court CR. MISC. No.1087 of 2025(2) dt.05-02-2025 3/3 considering the age of the petitioners and also considering the period of custody of the petitioners coupled with their clean antecedent and submission of charge-sheet, the petitioners above named are directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned J.M.F.C., Nalanda at Bihar Sharif/concerned court in connection with Asthawan P.S. Case No. 134 of 2024, subject to the conditions mentioned in Section 437(3) of the Code of Criminal Procedure and also the following conditions :

(i) One of the bailors will be a close relative of the petitioners.

(ii) The petitioners will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bonds of the petitioners will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) balmukund/- U T