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Judgment
6 paragraphs · 327 wordsGautam Kumar Choudhary, J
The anticipatory bail application filed on behalf of petitioners- Basanti Devi and Kanhaiya Kumar Choudhari @ Kanhaiya Balyogi, who are apprehending their arrest in connection with Dhanwar (Ghortamba O.P.) P.S. Case No.237 of 2021 for the offence registered under Section 304B/34 of the I.P.C. pending in the Court of learned Chief Judicial Magistrate, Giridih is pressed into motion.
As per the prosecution case, daughter of informant Munni Kumari was married to Nitish Kumar Choudhary in 2016. The marriage went on well for about one year, but thereafter all in-laws started harassing the deceased with reference to unlawful demand of Bullet motorcycle. Several times Panchaytis were held but the matter could not be resolved. On 08.10.2021, his daughter suddenly fell ill and died. The case has been registered against husband and other six in-laws.
It is submitted by learned counsel that there is no evidence on record to suggest that it was the case of unnatural death. Viscera report was preserved and in the FSL report, no chemical regarding poison was found. In this view of the matter, the husband-Nitish Kumar Choudhary and father-in-law-Kishori Choudhari have already been granted regular bail by co-ordinate Bench of this Court. Petitioner No.1 is mother-in-law aged about 58 years and petitioner No.2 is brother-in-law aged about 18 years and there is no legal evidence against them.
Learned A.P.P. opposed the prayer for bail.
Considering the submissions made, the anticipatory bail application is allowed. Accordingly, the petitioners- Basanti Devi and Kanhaiya Kumar Choudhari @ Kanhaiya Balyogi, are directed to surrender before the learned Trial Court within a period of four weeks and in the event of their arrest or surrender, they shall be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand only) each with two sureties of the like amount each to the satisfaction of the Court below, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.