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Patna High CourtCR. MISC./6632/2022bail granted

Arvind Chaudhary v. The State Of Bihar

2022-07-27Mr. Justice Khatim Reza3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6632 of 2022 Arising Out of PS. Case No.-455 Year-2021 Thana- KUDHNI District- Muzaffarpur ====================================================== Arvind Chaudhary S/O Late Baidhya Nath Chaudhary R/O Village- Jadhua, P.S.- Hajipur Town, Dist.- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pranav Kumar, Advocate :

Mr. Rajeev Ranjan No.II, Advocate For the informant/s :

Mr. Ranjan Kumar Singh, Advocate For the Opposite Party/s :

Mr. Bisheshwar Ram, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 27-07-2022 Heard learned counsel for the petitioner and learned A.P.P for the State.

Let the defect (s), as pointed out by the office, be removed within a period of four weeks form today. The petitioner seeks bail in connection with a case registered for the offences punishable under Sections 302, 201, 34 and 120(B) of the Indian Penal Code.

The prosecution case, in short, is that informant has alleged that there was a love-affair between his son namely, Roushan Kumar (deceased) and Vibha Kumari who is the daughter of the co-accused Ramswarth Chaudhary. It is further alleged that the petitioner and other co-accused had threatened

Patna High Court CR. MISC. No.6632 of 2022(4) dt.27-07-2022 2/3 to kill her son. It is stated that at the weeding ceremony of the daughter of accused Ramswarth Chaudhary, work of installation of pandal was going on and the deceased was engaged in pandal installation. Further, it is alleged that owing to previous enmity, under a conspiracy, all the named accused persons including the petitioner killed the informant's son by tying rope in his neck and hanged the dead body in Guava tree near the house of the informant.

Learned Counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that there is no such occurrence has taken place at the place of occurrence as alleged in F.I.R rather the son of the informant has committed suicide himself reasons best known to him or his family members. Further, it is submitted that the name of the petitioner transpired in this case on the basis of suspicion. The petitioner is in custody since 26.06.2021, is a person with clean antecedent and charge-sheet has been submitted in the case.

Learned A.P.P for the State and Mr. Ranjan Kumar Singh, learned counsel for the informant oppose the prayer for regular bail of the petitioner.

Considering the facts and circumstances of this case, the

Patna High Court CR. MISC. No.6632 of 2022(4) dt.27-07-2022 3/3 above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) only with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. 1st (West), Muzaffarpur in connection with Kudhani (Fakuli O.P) P.S Case No. 455 of 2021. (Khatim Reza, J) shanu/- U T