Angad Choudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4445 of 2025 Arising Out of PS. Case No.-263 Year-2024 Thana- DUMRAO District- Buxar ====================================================== Angad Choudhary Son of Ramnarayan Choudhary Resident of VillageKasihiya, P.S.- Dumraon, Distt.- Buxar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rohit Kumar, Adv.
For the Opposite Party/s :
Mr. Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 24-04-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.
2. The petitioner seeks bail in connection with Dumraon P.S. Case No. 263 of 2024 (G.R. No. 2141 of 2024) instituted for the offences under Section 80(2) of the B.N.S., 2023.
3. As per prosecution case, the accusation against the accused persons including the petitioner is of committing murder of the deceased/Informant's daughter by administering her poison due to non-fulfillment of dowry demand.
4. Learned counsel for the petitioner submits that
2/4 the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. The petitioner is the husband of the deceased. He further submits that the petitioner has never demanded any dowry from the deceased or her family members. He further submits that from the postmortem report, it appears that the doctor has not found any internal or external injury over the body of the deceased. In the postmortem report, no reason has also been assigned for the death of the deceased. Learned counsel for the petitioner further submits that there is no direct or specific allegation of any overt act against the petitioner rather the same is general and omnibus in nature. The petitioner has no criminal antecedent and is languishing in judicial custody since 20.08.2024 without any rhymes or reason.
5. Learned counsel for the petitioner has also filed supplementary affidavit stating therein that the Informant does not want to pursue the case and the matter has been compromised between the parties.
6. On the other hand, learned A.P.P. for the State
3/4 has vehemently opposed the prayer for grant of bail to the petitioner, stating that the offence alleged is serious in nature. The petitioner is the husband and there is specific allegation against the accused persons including the petitioner of assaulting and harassing the deceased for dowry demand and, ultimately, killed her by administering poison. The Investigating Officer has filed charge-sheet against the petitioner and other accused persons under Section 85/80(2)/3(5) of the B.N.S.
7. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case, the period of custody of the petitioner as also there being no specific allegation against the petitioner, let the petitioner, abovenamed, 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 Court below/concerned Court in connection with Dumraon P.S. Case No. 263 of 2024 (G.R. No. 2141 of 2024), subject to the following conditions;
(i) One of the bailor(s) shall be the own/close family
4/4 members of the petitioner.
(ii) The petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.
(Rudra Prakash Mishra, J) rishi/- U T