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Munsi Chaudhary @ Bir Prakash … vs The State Of Bihar on 28 February, 2019

IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.432 of 2019
Arising Out of PS. Case No.-320 Year-2018 Thana- GOGRI District- Khagaria

1. MUNSI CHAUDHARY @ BIR PRAKASH CHOUDHARY @ BIR
PRAKASH JAISWAL S/o Late Rajendra Prasad Choudhary Resident of
Village-Chhotichak, P.S.-Gogri, District – Khagaria

2. Renu Devi @ Renu Jaiswal W/o Munsi Choudhary @ Bir Prakash
Choudhary @ Bir Prakash Jaiswal Resident of Village-Chhotichak, P.S.-
Gogri, District – Khagaria

3. Manjari Devi @ Manjari Kumari D/o Munsi Choudhary @ Bir Prakash
Choudhary @ Bir Prakash Jaiswal Resident of Village-Chhotichak, P.S.-
Gogri, District – Khagaria

… … Appellant/s
Versus
THE STATE OF BIHAR

… … Respondent/s

Appearance :

For the Appellant/s : Mr.Bharat Bhushan
For the Respondent/s : Mr.Binay Krishna

CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA
ORAL JUDGMENT
Date : 28-02-2019

The appellants seek pre arrest bail in connection with SC/ST

Gogri P.S. Case No. 320 of 2018, registered for offences punishable

under Sections 498A of the Indian Penal Code and Section 3/4 of the

Dowry Prohibition Act and Section 3 (i)(r)(s) of SC/ST Act.

Allegation against the appellants who happens to be father

in law, mother in law and sister in law (nanad) of the informant is of

cruelty and torture in connection with demand of dowry and also of

abuse by taking caste name.

At the very outset, learned counsel for the appellants has

submitted that they were earlier given the benefit of Section 41(A) of
Patna High Court CR. APP (SJ) No.432 of 2019 dt.28-02-2019
2/2

Cr.P.C. and were released on personal bond. So far allegation against

the appellants is concerned, the same is false and concocted and no

such occurrence as alleged by the informant has ever taken place.

Heard learned Special P.P. also.

Having heard both sides, considering the facts and

circumstances of the case, this application is disposed of with

direction to the appellants to surrender before the court below and

pray for regular bail and if any such application is filed, the court

below after considering the fact that earlier the appellants were given

the benefit of Section 41(A) Cr.P.C., shall dispose of the prayer for

bail of the appellants, if possible, on same day.

Accordingly, this appeal is disposed of.

(Vinod Kumar Sinha, J)

sunilkumar/-

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