Patna High CourtCR. MISC./61681/2018bail granted

Nand Kishore Chaudhary And ANR v. The State Of Bihar

2018-11-01Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61681 of 2018 Arising Out of PS.Case No. -36 Year- 2018 Thana -KHIRHAR District- MADHUBANI ======================================================

1. Nand Kishore Chaudhary, S/o Jainandan Chaudhary,

2. Yashodhra Devi @ Yashoda Devi W/o Nand Kishore Chaudhary, Both are R/o Vill.- Baurhar, P.S.- Khirhar, District- madhubani. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nilesh Kumar For the Opposite Party/s : Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-11-2018 Heard learned counsel for the petitioners, O.P. No. 2 and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 304B, 498A/34 of the Indian Penal Code.

Allegation against the petitioners is of committing torture and caused death of the victim due to non-fulfillment of demand of dowry.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. The petitioners are the father-in-law and the mother-in-law of the

Patna High Court Cr.Misc. No.61681 of 2018 (3) dt.01-11-2018 deceased respectively. They are separate in mess and property from husband of the deceased. The petitioners have got no concern with the alleged occurrence. The husband of the deceased is in custody.

On behalf of the State and O.P. No. 2, it is submitted that the petitioners are named in the Complaint Case/F.I.R. Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory 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 Munsif-cum-Judicial Magistrate-Ist, Benipatti in connection with Khirhar P.S. Case No. 36 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V./- U T