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Patna High Court - Orders

Rahul Chaudhary @ Rahul Kumar vs The State Of Bihar on 24 July, 2024

Author: Anjani Kumar Sharan

Bench: Anjani Kumar Sharan

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.46070 of 2024
                         Arising Out of PS. Case No.-517 Year-2023 Thana- PIRO District- Bhojpur
                 ======================================================
           1.     Rahul Chaudhary @ Rahul Kumar S/o Fulendra Chaudhary Resident of
                  Village Sambhal tola P.S. Piro, District Bhojpur
           2.    Binda Devi W/o Fulendra Chaudhary Resident of Village Sambhal tola P.S.
                 Piro, District Bhojpur
           3.    Fulendra Chaudhary S/o Late Musafir Chaudhary Resident of Village
                 Sambhal tola P.S. Piro, District Bhojpur

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Ajay Kumar Singh
                 For the Opposite Party/s :        Mr.Yogendra Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN
                                       ORAL ORDER

2   24-07-2024

Heard the parties.

2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 304B and 120B of the Indian Penal Code.

3. Allegedly, the petitioners along with other co-accused persons are said to have killed the daughter of informant on the pretext of non-fulfillment of demand for dowry.

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. No such occurrence, in the manner as alleged, has ever taken place. The Patna High Court CR. MISC. No.46070 of 2024(2) dt.24-07-2024 2/2 allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is no specific overt act against the petitioners. He further submits that the petitioners are the in-laws and family members of the in-laws of deceased. He further submits that the husband of the deceased is already in judicial custody. Petitioners have no criminal antecedent.

5. Learned APP for the State opposed the prayer for anticipatory bail.

6. Having regard to the facts and circumstances of the case as there is no specific overt act against the petitioners, 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 Piro P.S. Case No.517 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) shikha/-

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