Sudhir Prasad Chaurasia v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5698 of 2024 Arising Out of PS. Case No.-180 Year-2023 Thana- SATHI District- West Champaran ====================================================== Sudhir Prasad Chaurasia S/O Birbal Prasad Chaurasia R/O Ward No. 14, Belwa, P.S- Sathi, Distt.- West Champaran, Pin- 845449. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Lokesh, Adv.
For the Opposite Party/s :
Mr.Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 09-04-2024 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.
2. The petitioner seeks bail in connection with Sathi P.S. Case No. 180 of 2023 instituted for the offences under Sections 304(B), 201, 120B/34.
3. As per prosecution case, the allegation against the accused persons including the present petitioner is of committing murder of the deceased Arti Devi for nonfulfillment of demand of dowry. It is also alleged that the accused persons informed the Informant after cremation of the dead body.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged
Patna High Court CR. MISC. No.5698 of 2024(3) dt.09-04-2024 2/3 against him and has falsely been implicated in the present case. The petitioner is the husband of the deceased. There is no direct or specific allegation of any overt act against the petitioner. There is no eye-witness to the alleged occurrence. He further submits that as a matter of fact the deceased has died of snake bite and, thereafter, the informant side were also informed about it. The petitioner has no criminal antecedent as has been stated in paragraph no.3 of the present bail application. The petitioner is languishing in judicial custody since 11.08.2023.
5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner stating that the petitioner is named in the F.I.R. and the chargesheet has been submitted in this case under Section 304(B), 201, 120(B)/34 of the I.P.C. The allegation is serious in nature and, thus, the petitioner does not deserve bail.
6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner and the petitioner having no criminal antecedent, let the petitioner, abovenamed, be released on bail, after framing of charge if not already framed, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount
Patna High Court CR. MISC. No.5698 of 2024(3) dt.09-04-2024 3/3 each to the satisfaction of Court below/concerned Court in connection with Sathi P.S. Case No. 180 of 2023. (Rudra Prakash Mishra, J) rishi/- U T