Bahadur Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11140 of 2019 Arising Out of PS. Case No.-138 Year-2017 Thana- ARWAL District- Jehanabad ====================================================== Bahadur Chaudhary Son of Moti Lal Chaudhary Resident of Village - Umairabad, P.S.- Arwal, District - Arwal.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhaskar Shankar, Advocate For the Opposite Party/s :

Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 09-05-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offences punishable under Sections 498A/341/323/504/307/34 of the Indian Penal Code. Later on offence under Section 302 of the Indian Penal Code was added.

The FIR appears to be in the nature of dying declaration of the wife of this petitioner. The fardbeyan was recorded in Sadar Hospital, Arwal. The victim had sustained burn injury. The FIR bears LTI of the victim. Submission is that the victim was mother of two children. For trivial dispute in the family she committed suicide and after death false allegation has been leveled. There is no

Patna High Court CR. MISC. No.11140 of 2019(4) dt.09-05-2019 2/2 medical certificate to substantiate that the victim was in a position to speak to the police. The prosecution evidence is going on and the petitioner is ready to cooperate with the trial. Considering the entire facts aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with S.T. No.263 of 2018, T.R. No.158 of 2018, arising out of Arwal P.S. Case No.138 of 2017, with following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below having immovable property in his name.

(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Mkr./- U T