Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.12260 of 2012 ====================================================== 1. Binod Chaudhary, Son of Banaras Chaudhary. 2. Banaras Chaudhary, Son of Late Ramchandra Chaudhary. Both are residents of village-Porai, P.S.-Harnaut, District-Nalanda. .... .... Petitioners Versus The State of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 21-03-2012 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State. The petitioners seek bail in connection with a case which was initially instituted for the offence punishable under Sections 323, 341, 498(A)/34 of the Indian Penal Code. However, subsequently [STATUTE] has been added in course of investigation by order dated 6.7.2011 passed by the learned Chief Judicial Magistrate. As per prosecution case, the daughter of the informant was subjected to cruelty in her matrimonial home for which fardbeyan was given to the police on 24.5.2011 at 11.30 a.m. The victim was also examined by a doctor at Sadar Hospital, Biharsharif, Nalanda in which three injuries are said to have been found on her person, which were simple in nature caused by hard and blunt object. Pursuant to the said oral statement being recorded by police on 24.5.2011, F.I.R. was registered on 4.6.2011 under [STATUTE] Patna High Court Cr.Misc. No.12260 of 2012 (2) dt.21-03-2012 2 / 3 2 against the husband and in-laws. The petitioners, who are brother-in-law (Bhaisur) and father- in-law respectively, were apprehended in course of investigation on 7.9.2011 and since then, they are in jail. It appears that subsequently the victim died and her post-mortem examination was conducted on 2.7.2011. The husband of the victim is already in custody. The case has been committed to the court of sessions for trial. In course of trial, till date, five witnesses including the informant have already been examined and they all have turned hostile. Considering the facts and circumstances of the case, the petitioners are directed to be released on bail on their executing a bond with two solvent sureties, each in a sum of Rs. 10,000/- (Ten Thousand only) to the satisfaction of the learned Additional Sessions Judge, F.T.C.-V at Biharsharif, Nalanda in connection with Harnaut P.S. Case No. 121 of 2011 (Sessions Trial No. 657 of 2011) on the following conditions: (i) That both the bailors will be close relative of the petitioners who will give separate affidavit giving genealogy as to how they are related with the petitioners. (ii) That the petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him to disclose such facts to the court or to any other authority. (iii) That they shall remain present before the court on the dates fixed for hearing of the case. If they want to remain absent, then they will take prior permission of the court and in case of compelling and unavoidable circumstances for remaining absent, they will immediately inform the court and request that they may be permitted to be present through the counsel. (iv) That liberty is given to the State to make an appropriate application for Patna High Court Cr.Misc. No.12260 of 2012 (2) dt.21-03-2012 3 / 3 3 modifying/recalling the order granting bail, if for any reason, the petitioners violates any of the conditions imposed by this Court. Sanjeet/- (Ashwani Kumar Singh, J)

Applicable IPC Section: 302

Statute Text:
Section 302 of the Indian Penal Code. Murder. Whoever commits murder shall be punished with death, or imprisonment for life, and shall also be liable to fine.