Patna High CourtCR. MISC./41375/2017bail granted

Ram Pyare Chaudhary v. The State Of Bihar

2017-09-08Justice Smt. Nilu Agrawal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41375 of 2017 Arising Out of PS.Case No. -175 Year- 2014 Thana -ATRI District- GAYA ======================================================

1. Ram Pyare Chaudhary Son of Late Basant Chaudhary, R/o VillagePunar, P.S.- Atri, District- Gaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar Sharma For the Opposite Party/s : Mr. Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 08-09-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in connection with Atri P.S. Case No. 175/2014 (G.R. No. 4654/2014) for offences punishable under Sections 304-B/34 of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that his daughter Gudiya Kumari @ Munni Devi was married to co-accused Balchand Chaudhary in the year 2011 and was tortured for non-fulfillment of demand of motorcycle by her husband and the petitioner, who is the maternal uncle of her husband, and other co-accused and ultimately she was burnt to death by all the accused persons for non-fulfillment of demand of dowry. It has been submitted by the learned counsel for the

Patna High Court Cr.Misc. No.41375 of 2017 (2) dt.08-09-2017 2/2 petitioner that he is innocent, he has a separate home and hearth with that of the deceased and the allegation upon him is general and omnibus. He submits that he is the maternal uncle of the husband of the deceased and due to dirty village politics, he has been falsely implicated and is languishing in custody since 03.07.2017. It is further submitted that although during investigation case has not been found true but cognizance has been taken against the petitioner by the learned Magistrate. However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate-II, Gaya, in connection Atri P.S. Case No. 175/2014 (G.R. No. 4654/2014).

(Nilu Agrawal, J) Rajesh/- U T