The High Court at Patna granted bail to two petitioners, parents-in-law of the deceased in a dowry death and criminal conspiracy case, directing them to furnish bonds to the Additional Chief Judicial Magistrate, Madhepura.
Release of petitioners on bail by furnishing bonds of Rs. 10,000 each with equal sureties to the ADCJM, Madhepura.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.52287 of 2017
Arising Out of PS.Case No. -92 Year- 2017 Thana -SHANKARPUR District- MADHEPURA
====================================================== 1. Deep Narain Chaudhary, Son of Late Kesholal Chaudhary. 2. Aarti Devi, Wife of Deep Narain Chaudhary, Both resident of VillageBasantpur, Ward No. 17, Police Station- Shankarpur, DistrictMadhepura. .... .... Petitioner/s Versus 1. The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Uday Chand Prasad For the Opposite Party/s : Mr. Sri Chandrasen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER
3 06-12-2017 Heard the counsel for the parties.
The petitioners who are parents-in-law of the deceased, seek bail in connection with Shankarpur P.S. Case No. 92 of 2017 dated 04.07.2017 instituted for the offences under Sections 304B, 120B of the Indian Penal Code.
It has been alleged in the F.I.R that the deceased, Khusboo Kumari, was married to the son of the petitioners on 14.07.2016. Right from the beginning of the matrimonial life of the deceased, she was being ill treated by the accused persons including the petitioners. The husband of the deceased, who works in Delhi, had been instructing his own people not to permit the deceased to talk to anybody of her maternal home on phone.
Patna High Court Cr.Misc. No.52287 of 2017 (2) dt.06-12-2017
2/2
Learned counsel for the petitioners has submitted that because of the disturbed matrimonial relation of the deceased, she has committed suicide by burning herself. This fact was immediately communicated to the informant by another son of the petitioners. Later, this false case has been instituted against them. Learned counsel for the petitioners further submits that the husband of the deceased viz. Santosh Chaudhary is in custody.
The petitioners are in custody since 05.07.2017 and 04.09.2017 respectively.
Regard being had to aforesaid facts, this Court is inclined to grant bail to the petitioners.
The petitioners, above named are directed to be released on bail on furnishing bail bonds of Rs. 10,000/-(ten thousand) each with sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Madhepura in connection with Shankarpur P.S. Case No. 92 of 2017.
(Ashutosh Kumar, J)
Shageer/-
U T
1 issue framed by the court
Whether bail should be granted to petitioners who are in custody by the police authorities.
Deep Narain Chaudhary and Aarti Devi
The State of Bihar
Ashutosh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
