Ram Babu Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44394 of 2017 Arising Out of PS.Case No. -60 Year- 2016 Thana -PIPRA District- PATNA ====================================================== Ram Babu Choudhary, S/o Late Deo Charan Choudhary, Resident of VillChamuchak, P.S.-Pipara, District-Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Uday Shankar Choudhary For the Opposite Party/s : Mr. Sri Mukeshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 19-09-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner, in the present case, is seeking regular bail in connection with Pipra P.S. Case No.60 of 2016, registered for offences alleged under Sections 363 and 365 of the Indian Penal Code. Subsequently, Section 302/34 of the Indian Penal Code was also added.

Learned counsel for the petitioner submits that a bare perusal of the F.I.R. would show that there is no specific allegation of abduction against the present petitioner. The informant is the nephew of the petitioner's wife, who has alleged that his mother had been taken away by his father's sister, later on her mother had gone missing. The informant raised suspicion that

Patna High Court Cr.Misc. No.44394 of 2017 (2) dt.19-09-2017 behind this occurrence this petitioner and his wife were also involved. Learned counsel further submits that the wife of petitioner has been granted regular bail by a coordinate Bench of this Court in Cr.Misc.No.35458 of 2017 vide order dated 28.08.2017.

Learned APP representing the State submits that, in fact, the father of the informant has confessed his guilt in course of investigation that he had murdered his wife. The father of the informant has also stated of getting help in this regard from this petitioner which has come in paragraph 47 of the case diary as noted in the impugned order.

Learned counsel for the petitioner, at this stage, submits that Ashok Chaudhary is already in custody and a perusal of the FIR would disclose that he was not on good terms with his wife. In any case, this petitioner, who is brother-in-law of the said Ashok Chaudhary, is separate in mess and business, lives with his family at different place and has falsely been implicated in the present case. Considering the facts and circumstances of this case particularly that the petitioner is brother-in-law of Ashok Chaudhary and said Ashok Chaudhary is already in custody as submitted by the learned counsel for the petitioner and this petitioner has got no criminal history, let the petitioner, namely,

Patna High Court Cr.Misc. No.44394 of 2017 (2) dt.19-09-2017 Ram Babu Choudhary be enlarged on bail on his furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District & Sessions Judge-10, Patna in connection with Pipara P.S. Case No.60 of 2016 (S.Tr.No.334/17), subject to the conditions U/S 437(3) Cr.P.C.

(Rajeev Ranjan Prasad, J) Arvind/- U T