Ranjeet Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30670 of 2017 Arising Out of PS.Case No. -28 Year- 2017 Thana -RAMNAGAR DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Ranjeet Chaudhary, son of Mathura Prasad, Resident of VillageMiyanbigha, P.S.- Shekhopur Sarai, District- Sheikhpura, presently residing at Durga Nagar, Ram Nagar, P.S. Ram Nagar, District- West Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. D.K.Sinha For the Informant :

Mr. Sanjeev Kumar For the Opposite Party/s : Mr. Braj Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 31-07-2017 Heard the parties.

The petitioner seeks regular bail in connection with S.Tr. No.290 of 2017 arising out of Ram Nagar P.S.Case no.28 of 2017 registered for offences punishable under Sections 302/34 of the Indian Penal Code.

The petitioner is husband and the case is under Section 302 of the Indian Penal Code for causing death of his wife and he is named in the F.I.R. also.

The allegation is that death is by burning.

Submission of the learned counsel for the petitioner is that her saree caught fire during the course of preparing food for the family members and thereafter she died due to burn injury. It is

Patna High Court Cr.Misc. No.30670 of 2017 (3) dt.31-07-2017 2/3 further submitted that the father of the petitioner informed the family members of the informant as well as to the police also. Learned counsel for the petitioner has also referred some paragraphs, in which the witnesses have stated that she died due to burn injury and at that time the petitioner was not there as he along with his mother had gone to Narkatiaganj. Further submission is that the petitioner is in custody for about six months. Heard learned A.P.P. also and the learned counsel for the informant. They have opposed the prayer for bail.

Having heard both sides and in view of the fact that one of witnesses has stated in course of investigation that after taking meal her husband and her mother-in-law had gone to Narkatiaganj where her mother- in- law works and thereafter the occurrence took place; at that time, only her father-in-law was present there and he informed the police, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned 1st Addl. District & Sessions Judge, Bagaha, West Champaran in connection with S.Tr. No.290 of 2017 arising out of Ram Nagar P.S.Case No.28 of 2017.

With following conditions :

Patna High Court Cr.Misc. No.30670 of 2017 (3) dt.31-07-2017 3/3 (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reason, otherwise, his bail bond shall be cancelled.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T