Rakesh Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22070 of 2021 Arising Out of PS. Case No.-168 Year-2020 Thana- MADANPUR District- Aurangabad ====================================================== Rakesh Chaudhary S/o Surendra Chaudhary Resident of Village - Khiriyawan, P.S. - Madanpur, District - Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Sri Krishna Pd. Singh Mr.Rakesh Singh For the Opposite Party/s :

Smt. Sharda Kumari A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

16-07-2021 Heard learned counsel for the parties through video conferencing.

The petitioner seeks bail in Madanpur P.S. Case No. 168 of 2020, registered for the offence under Section 302/34 of the Indian Penal Code.

As per the prosecution case, all the FIR named accused persons committed the murder of daughter of the informant for dowry.

Petitioner is not named in the FIR. Name of the petitioner has come during course of investigation. Petitioner is co-villager and he is neither associated nor any way related with

Patna High Court CR. MISC. No.22070 of 2021(2) dt.16-07-2021 2/3 the family of co-accused Satyendra Kumar (husband of deceased). Only evidence, which has come during investigation against the petitioner, is that he had taken some nude photographs of the deceased. The police, after investigation, found the case true against FIR named accused persons and submitted chargesheet under Section 306/34 of the Indian Penal Code. Petitioner is in custody since 03.12.2020. Learned A.P.P. for the State has opposed the bail petition.

Considering the rival submissions of the parties and the materials available on record, the bail petition of petitioner is allowed. Let the above named petitioner be released on bail on 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, Aurangabad in connection with Madanpur P.S. Case No. 168 of 2020, on the following conditions:

"(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court below and shall remain physically present, as directed by the court below, and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the

Patna High Court CR. MISC. No.22070 of 2021(2) dt.16-07-2021 3/3 prosecution will be at liberty to move for cancellation of bail."

(Prabhat Kumar Singh, J.) anay U T