High Court Patna High Court - Orders

Umesh Chourasia &Amp; Ors vs The State Of Bihar on 5 July, 2010

Patna High Court – Orders
Umesh Chourasia &Amp; Ors vs The State Of Bihar on 5 July, 2010
                   IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Cr.Misc. No.21670 of 2010
                   1. Umesh Chourasia, son of late Basudeo Chourasia,
                   2. Usha Devi wife of Umesh Chourasia
                   3. Sakuna Devi, wife of Late Basudeo Chourasia, All residents of village
                      Bandehra, P.S. Pasraha, District Khagaria
                                          Versus
                                 THE STATE OF BIHAR
                                         -----------

02/ 05.07.2010 For the reasons stated in the restoration application,

Cr. Misc. No. 13657 of 2010 is restored to its original file and

number and taken up for admission.

Heard learned counsel for the petitioners and the

State.

Petitioners are apprehending their arrest in

connection with a case, which was initially registered as a

complaint for the offence under Sections 304B/34 of the Indian

Penal Code on 24.8.2009, although the occurrence is said to

have taken place on 16.8.2009 and information about the

occurrence was given to the complainant on 16.8.2009,

whereafter he went to the police station on 17.8.2009, but when

the police refused to register the case, filed complaint case on

24.8.2009. Petitioners are elder brother-in-law, sister-in-law and

mother-in-law of the deceased. They are named in the complaint

along with the husband of the deceased, who is already in jail

custody, so submitted learned counsel for the petitioner.

Considering the delay of seven days in lodging the

complaint, I direct the petitioners above named to surrender in

the court below within four weeks from the date of receipt of
2

this order in the court below, whereafter they be admitted to the

privilege of bail on furnishing bail bonds of Rs. 5,000/- (Rs. Five

thousand only) each with two sureties of the like amount each to

the satisfaction of the Chief Judicial Magistrate, Khagaria in

connection with Pasraha P.S. Case No. 59 of 2009, subject to the

conditions, as laid down under Section 438(2) Cr.P.C.

Arjun/                                     ( V.N. Sinha, J.)