Surendra Bin @ Surendra Bind @ Surendra Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4886 of 2019 Arising Out of PS. Case No.-358 Year-2018 Thana- BRAHMPUR District- Buxar ====================================================== Surendra Bin @ Surendra Bind @ Surendra Chaudhary, aged about 65 years, Male, Son of Late Saraju Bin, Resident of Village - Chhaki Laxaman Dera, P.S.- Brahampur(Chhaki), District-Buxar.

... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Binod Kumar Singh, Advocate.

For the Opposite Party :

Mr.Ram Anurag Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-04-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is languishing in custody since 29.08.2018 in a case for the offence registered under Sections 302 and 201/34 of the IPC.

The prosecution story, in brief, is that Champa Devi, daughter of the informant Sitaram Bin, was married with Moti Chand Bin, son of petitioner accused, according to Hindu custom and rituals in the year 2006. On 20.07.2018, the informant received information from his daughter that the petitioner accused always abused to her. After that, on 22.07.2018 at about 10.00 A.M. in the day, the informant reached at Chakki Laxman Dera, Sasural of his daughter and

Patna High Court CR. MISC. No.4886 of 2019(3) dt.23-04-2019 2/3 asked with the petitioner accused about his daughter but he told that he does not know. Nearby persons told the informant that his daughter has been murdered and thrown. The informant has further stated that the petitioner accused and co-accused named in the F.I.R. have murdered his daughter and disappeared her dead body.

It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The petitioner is the father-in-law of the deceased. He is separate in mess and property from the husband of the deceased. The case has been found true under Section 306 of the I.P.C. Hence, no offence under Section 302 of the I.P.C. is made out.

On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M.

Patna High Court CR. MISC. No.4886 of 2019(3) dt.23-04-2019 3/3 Buxar, in connection with Brahampur (Chhaki) P.S. Case No. 358 of 2018.

(Sudhir Singh, J) U.K./- U T