Yamuna Chaudhary @ Yamuna Choudhari @ Yamuna Kumar @ Jamuna Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11277 of 2025 Arising Out of PS. Case No.-416 Year-2022 Thana- ARWAL District- Jehanabad ====================================================== Yamuna Chaudhary @ Yamuna Choudhari @ Yamuna Kumar @ Jamuna Chaudhary Son of Late Munsi Chaudhary Resident of Village -Arwal Sipah PS- Arwal Dist -Arwal ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dheeraj Kumar, Advocate For the Opposite Party/s :
Mr. Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 02-07-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. In the present case, the petitioner seeks bail in connection with Arwal P.S. Case No. 416 of 2022 registered for the alleged offences under Section 304B/34 of the Indian Penal Code.
3. As per prosecution case,the daughter of the informant was married with the petitioner and she died within two years of her marriage in her matrimonial home. Further allegation is that the petitioner and other co-accused persons used to demand money and a motorcycle.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this
Patna High Court CR. MISC. No.11277 of 2025(5) dt.02-07-2025 2/3 case. No occurrence as alleged has ever taken place. The victim was a short tempered lady and she committed suicide over minor issue as the petitioner used to talk to the younger sister of the deceased. No dowry was ever demanded and the allegation on this count is completely false and concocted. The informant has been examined by the learned trial court and in his deposition he has completely resiled from the earlier statement made in the written report. Since the case has been filed under some misconception and on coming to know about real facts, the matter has been compromised between the parties. Even the other witnesses who have been examined by the court have not supported the prosecution case. Learned counsel further submits that the petitioner is having criminal antecedent of two cases but both the cases have been lodged under Bihar Prohibition and Excise Act. The petitioner is in custody since 17.10.2024 and charge sheet has been submitted.
5. Learned APP opposes the submission made on behalf of the petitioner.
6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the vague nature of allegation and possibility of suicide by the deceased and further considering the period of custody of the
Patna High Court CR. MISC. No.11277 of 2025(5) dt.02-07-2025 3/3 petitioner and submission of charge sheet, the petitioner above named is directed to 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 learned Chief Judicial Magistrate, Arwal/concerned Court in connection with Arwal P.S. Case No. 416 of 2022, subject to the conditions mentioned in Section 480(3) of B.N.S.S. and also the following conditions: (i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below.
(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.
(Arun Kumar Jha, J) DKS/- U T