Shiv Lal Chaudhary And ANR. v. The State Of Bihar

Patna High Court Cr.Misc. No.16770 of 2015 (3) dt.13-08-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16770 of 2015 Arising Out of PS.Case No. -294 Year- 2014 Thana -WAJIRGANJ District- GAYA ======================================================

1. Shiv Lal Chaudhary Son of Late Bhuee Chaudhary

2. Jitendra chaudhary Son of Shiv Lal Chaudhary Both residents of VillageMahuet, P.s- Wazirganj, District- Gaya .... .... Petitioners

Versus

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

For the Petitioner : Mr. Binod Kumar Mishra, Advocate. For the State : Mr. A.M.P.Mehta, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 13-08-2015 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners have been arrested in connection with Wazirganj P.S. Case No. 294 of 2014 registered under Sections 328, 302, 201 and 34 of the Indian Penal Code. There is allegation that the victim was done to death by poisoning and her dead body was disposed off in heavy haste without informing any authority like police or her Maika, even post mortem was not conducted.

Learned counsel for the petitioners submits that the victim was not poisoning as the husband of the victim was living separately for last three years and due to that, she committed suicide in depression. It is further submitted that petitioner no.1 is father-in-law who is aged about 72 years old whereas; petitioner no. 2 is Bhaisur of the victim.

Having regard to the facts and circumstances of the case, the above named petitioner no. 1, is directed to be released on bail

Patna High Court Cr.Misc. No.16770 of 2015 (3) dt.13-08-2015 on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gaya, in connection with Wazirganj P.S. Case No. 294 of 2014, subject to condition that the trial court shall verify the age of petitioner no. 1 and on verification, if the age of petitioner no. 1 is found less than 72 years, in that circumstance, the bail bond of petitioner no. 1 shall not be accepted. So far petitioner no. 2 is concerned, I am not inclined to grant bail to this petitioner no. 2 at this stage. However, trial court is directed to expedite the trial.

m.p.

(Gopal Prasad, J) U T