Jotisha Choudhary @ Jptosja Chaudhary And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 1589 of 2015 Arising Out of PS.Case No. -38 Year- 2014 Thana -BARSOI District- KATIHAR ======================================================
1. Jotisha Choudhary @ Jptosja Chaudhary, Son of Late Lobin Choudhary
2. Sabitri Devi, Wife of Jotisha Choudhary
3. Janardhan Choudhary, Son of Jotisha Choudhary .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shailendra Kumar Jha, Advocate For the Opposite Party/s : Mr. Saheen Begum, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 15-01-2015 Heard both sides.
The petitioners seek regular bail in Barsoi P.S. Case No. 38 of 2014 registered for the offences punishable under Sections 302 and 504/34 of the Indian Penal Code. The informant-mother of the deceased alleged that she along with her son went to the house of her daughter but the husband of her daughter and his other family members abused her daughter. In the next morning, the informant saw the dead body of her daughter hanging.
Learned counsel for the petitioners submits that the petitioners are the in-laws. There is no specific allegation of assault against the petitioners. The husband Prama Chaudhary was put on trial vide Sessions No. 284 of 2014 and he has already been acquitted vide judgment and order passed in the aforesaid Sessions
Patna High Court Cr.Misc. No.1589 of 2015 (2) dt.15-01-2015 Trial on 28.11.2014.
Learned Additional Public Prosecution, however, opposed the prayer of bail.
The petitioners are in-laws of the deceased. The informant has herself stated that in the night she went to sleep in another room. In the next morning, she found her daughter hanging. The informant did not make any specific allegation against the petitioners and husband has already been acquitted on the same facts.
Considering the facts aforesaid, the petitioners, above named, are directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Katihar in connection with Barsoi P.S. Case No. 38 of 2014.
Kundan/- (Prabhat Kumar Jha, J.) U T