Kailash Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6586 of 2019 Arising Out of PS. Case No.-572 Year-2018 Thana- HAJIPUR District- Vaishali ====================================================== Kailash Choudhary, aged about 35 years (M), son of Santlal Choudhary, Resident of village Maksadpura, S.D.O. Road Hajipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar, Adv.

For the Opposite Party/s :

Mr.Kumar Ranjit Ranjan (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 14-02-2019 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Hajipur Town P.S. Case No. 572 of 2018 registered for the offences punishable under Sections 306/34 of the Indian Penal Code.

Informant is the brother of petitioner who has alleged that due to torture committed by his family members she committed suicide.

It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been falsely implicated in this case without any rhyme and reason. He is brother of informant and reside separately and no concern with the family affairs of his brother and his family. He is in

Patna High Court Cr.Misc. No.6586 of 2019(2) dt.14-02-2019 2/2 custody since 27.10.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Hajipur Town P.S. Case No. 572 of 2018, subject to conditions:

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate 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 Court and his absence on two consecutive dates without sufficient reasons, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (S. Kumar, J) Rajiv/- U T