Patna High Court - Orders
Gayatri Devi @ Sunita Devi & Anr. vs The State Of Bihar on 27 June, 2013
Author: Hemant Kumar Srivastava
Bench: Hemant Kumar Srivastava
Patna High Court Cr.Misc. No.3527 of 2013 (4) dt.27-06-2013
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.3527 of 2013
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1. Gayatri Devi @ Sunita Devi W/O Nagendra Chaudhary
2. Nagendra Chaudhary S/O Pramod Chaudhary
.... .... Petitioner/s
Versus
1. The State Of Bihar
.... .... Opposite Party/s
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CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR
SRIVASTAVA
ORAL ORDER
4 27-06-2013Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State.
Petitioner no. 1 is mother in law whereas petitioner no. 2 is father in law of the deceased and they apprehend their arrest in connection with A.P.M P.S. Case No. 140 of 2012 registered for the offences punishable under Sections 304B/34 and 120 B of the Indian Penal Code.
Learned counsel for the petitioners submits that in written report, the informant has, nowhere, stated about the demand of dowry rather he only stated that he came to know from the villagers that his daughter was killed due to non fulfilment of dowry demand. It is further contended by him that as a matter of fact, the present case was lodged at the instance of one Krishna Bhagwan Choudhary who was mediator in the marriage of deceased. He further submits that deceased died of her natural death and after that an information regarding the death of deceased was given to the informant and having got the aforesaid information, the informant came and attended the cremation of deceased but while the cremation was going on, a dispute arose between the parties and after that informant left the place of cremation along with Krishna Bhagwan Chodahry and went to concerned police station and Patna High Court Cr.Misc. No.3527 of 2013 (4) dt.27-06-2013 lodged this case. He further submits that informant has admitted in his further statement incorporated at para 5 of the case diary that the written report was prepared by Krishna Bhagwan Choudhary and he also admitted in the above stated paragraph that he had not given name of other accused in his written report. Almost similar facts have been stated by the mother and brother of the deceased.
Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioners, in the event of their arrest/ surrender within three weeks from the date of receipt of this order to the court concerned, shall 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 the Chief Judicial Magistrate, Darbhanga in A.P.M P.S. Case No. 140 of 2012 subject to condition as laid down under Section 438(2) of the Cr.P.C.
(Hemant Kumar Srivastava, J) SHAHZAD/-