Sonu Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2243 of 2016 Arising Out of PS.Case No. -259 Year- 2014 Thana -WARSALIGANJ District- NAWADA ====================================================== Sonu Choudhary son of Late Mahesh Choudhary Resident of Village Paingri P.S. Warisaliganj, District- Nawadah. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ram Prawesh Kumar, adv. For the Opposite Party/s : Mr. Rita Verma(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 15-03-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Warisaliganj P.S. Case No. 259 of 2014 registered for the offences punishable under Sections 304(B), 201 and 120(B) of the Indian Penal Code.

Anjali Devi, the daughter of the informant was married to the petitioner in the year 2011 and allegedly, due to nonfulfillment of demand of additional dowry by way of Rs. 50,000/-, she was being tortured and assaulted and ultimately she was killed and her dead body was also cremated by the petitioner and other in-laws.

Submission is of false implication and that there was

cordial relation between the petitioner and his wife, no demand was ever made, there was no complain of any kind, the wife of the petitioner was in depression and she committed suicide and this fact has been supported by the witnesses during investigation vide para 14, 15 and 16 of the case diary and further during supervision also D.S.P., Nawada has found that the deceased committed suicide, the petitioner is suffering in custody since 13.09.2015. Chargesheet has already been submitted and there is no chance of tampering with the prosecution evidence.

The learned A.P.P. opposes the prayer of bail by submitting that the petitioner is the husband. In the facts and circumstances stated above, considering that chargesheet has already been submitted and there is no chance of tampering with the prosecution evidence and, as such, the petitioner, above named, is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Nawadah in connection with Warisaliganj P.S. Case No. 259 of 2014 subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and

every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) sushma/- U T