Ramesh Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2392 of 2018 Arising Out of PS. Case No.-84 Year-2017 Thana- JALALGARH District- Purnia ====================================================== Ramesh Choudhary, son of Late Jagdish Choudhary, resident of Prabhat Nagar (South Ambedkar Colony), P.S.- Pradhan Nagar, District- Dargeling (W.B.).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pravin Kumar For the Opposite Party/s :

Mr. SMT. ASHA DEVI ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 17-02-2018 Learned counsel for the petitioner is permitted to make correction in paragraph-1 of the bail petition by adding Sections 302 and 201/34 of the Indian Penal Code in course of the day. Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner, already in custody, seeks bail in connection with Jalalgarh P.S. Case No.84 of 2014, registered under Sections 363 and 370/34 of the Indian Penal Code. Later on Sections 302 and 201/34 were added.

Allegation in brief is that the informant's son, who was working in the shop of Dilip Jaiswal, all of a sudden went missing. The informant contacted Dilip Jaiswal, who informed that his son is traceless and he also did not lodge any

Patna High Court Cr.Misc. No.2392 of 2018(3) dt.17-02-2018 2/3 information with the police regarding his missing and they suspected that the informant's son had some illicit affair with the wife of Dilip Jaiswal, so said to have been killed by Dilip Jaiswal and his wife.

Learned counsel for the petitioner submits that the petitioner is not named in the FIR, he has been implicated in this case on the basis of confessional statement of Dilip Jaiswal and except that there is no other material against the petitioner, the petitioner has no criminal antecedent except one case lodged under Sections 341 and 325/34 of the Indian Penal Code and Neha Kumari @ Neha Devi, wife of Dilip Jaiswal has been admitted to bail by a coordinate Bench of this Court by order dated 17.11.2017, passed in Cr. Misc. No.48910 of 2017. Learned counsel for the State submits that Dilip Jaiswal has disclosed the name of his brother-in-law, this petitioner, and on disclosure of Dilip Jaiswal, the dead body was recovered.

Having considered the aforesaid facts and circumstances as also the fact that the petitioner's name was disclosed by Dilip Jaiswal and there is no other material against the petitioner, so petitioner Ramesh Choudhary is directed to be released on bail on furnishing bail bond of Rs.

Patna High Court Cr.Misc. No.2392 of 2018(3) dt.17-02-2018 3/3 CJM, Purnea in connection with Jalalgarh P.S. Case No.84 of 2017.

(Arun Kumar, J) S.KUMAR/- U T