Teni Chaudhary @ Teni Chuahdary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49127 of 2015 Arising Out of PS.Case No. -210 Year- 2015 Thana -MAKHDUMPUR District- JEHANABAD ======================================================

1. Teni Chaudhary @ Teni Chuahdary Son of Late Janki Chaudhary, Resident of Village- Fatehpur, P.S.- Makhdumpur, District- Jehanabad. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Kumar For the Opposite Party/s : Mr. Arun Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 01-02-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.

The petitioner seeks bail in a case for the offences punishable under sections 302 and 201/34 of the I.P.C Allegedly, Aditya Das, the husband of the informant, was killed and his dead body was thrown in the Pain and his cycle, bag, sleeper and towel etc. were found near the hut of Dhuri Manjhi, Dhuri Manjhi fled away and with the help of the local police the petitioner was apprehended and it is claimed that the petitioner and Dhuri Manjhi with the help of their associates killed the deceased and threw the dead body in the water. Submission is of false implication and that there is no eye witness of the occurrence, only on suspicion the petitioner has

Patna High Court Cr.Misc. No.49127 of 2015 (3) dt.01-02-2016 2/2 been apprehended, no cogent and legal material has come during investigation to connect the complicity of the petitioner in the crime, the witnesses examined are hear-say and only on suspicion and as such the petitioner who is suffering in custody since 14.07.2015 deserves sympathetic consideration, to which the learned A.P.P. fairly submits that there is no eye witness. In the facts and circumstances as stated above, considering that the charge sheet has already been submitted and there is no chance of tampering with the prosecution evidence, the petitioner is directed to 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 Sri Krishna Gopal, J.M. 1st Class, Jehanabad in Makhdumpur P.S.

Case No. 210 of 2015, subject to the conditions that one of the bailors must be a 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 his part without any reason shall disentitle the petitioner from privilege of bail.