Munna Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36330 of 2015 Arising Out of PS.Case No. -76 Year- 2014 Thana -KOILWAR District- BHOJPUR ======================================================

1. Munna Choudhary, son of Shyam Lal Choudhary, Resident of VillageBaburbani, P.S.- Koilwar, District- Bhojpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Md.Imteyaz Ahmad For the Opposite Party/s : Mr. Sanjay Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 30-11-2015 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Koilwar P.S. Case No. 76 of 2014 registered for the offences punishable under Sections 304-B, 201/34 of the Indian Penal Code. Radhika Devi, the daughter of the informant was married to the petitioner on 19.05.2013 and due to non-fulfillment of demand of golden ring, she was being tortured, assaulted and ultimately she was killed and her dead body was also cremated. Submission is of false implication and that the marriage was performed in the temple and there was no demand of dowry. During investigation witnesses, namely, Ajay Chaudhary and Ram Eqbal vide paras 13 and 14 have stated that there was

Patna High Court Cr.Misc. No.36330 of 2015 (03) dt.30-11-2015 2/3 some altercation between husband and wife and then Radhika Devi consumed poison and she was brought for treatment but during treatment she died. The petitioner is in custody since 15.05.2014. Chargesheet has already been submitted and there is no chance of tampering with the prosecution evidence. Learned A.P.P. opposes the prayer of bail by submitting that the petitioner is the husband and his wife died within one year of marriage.

In the facts and circumstances stated above, considering that two witnesses are stating otherwise that the wife of the petitioner consumed poison herself and during treatment she died and further chargesheet has already been submitted and there is no chance of tampering with the prosecution evidence, the petitioner, above named, is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Learned Chief Judicial Magistrate, Bhojpur at Ara arising out of Koilwar P.S. Case No. 76 of 2014 subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on

Patna High Court Cr.Misc. No.36330 of 2015 (03) dt.30-11-2015 3/3 his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) sushma/- U