Hemant Chaudhary @ Dablu Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17216 of 2023 Arising Out of PS. Case No.-146 Year-2022 Thana- VISHNUPAD District- Gaya ====================================================== HEMANT CHAUDHARY @ DABLU CHAUDHARY SON OF LATE LAXMAN LAL CHAUDHARY RESINDENT OF VILLAGE- CHAND CHAURA, PS- VISHNUPAD IN THE DISTRICT OF GAYA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Braj Nandan Kumar Tiwary, Adv.

For the Opposite Party/s :

Mr.Anuj Kumar Shrivastava, APP For the informant :

Mr.Mukul Prasad, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 11-05-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P. for the State as also the learned counsel for the informant. The petitioner has preferred this application for grant of regular bail in connection with Vishnupad P.S. Case No. 146 of 2022 dated 30.06.2022 registered for the offences punishable u/s 304(B)/34 of the Indian Penal Code.

As per the prosecution case, the petitioner and coaccused persons are alleged to have committed murder of the daughter of the informant due to non-fulfillment of demand of

Patna High Court CR. MISC. No.17216 of 2023(2) dt.11-05-2023 2/3 dowry.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. The petitioner has three children and are residing with the family of the petitioner as stated in para-14 of the bail application. Learned counsel has further submitted that the petitioner neither tortured and nor demanded dowry. He has further submitted that the petitioner is the husband of the deceased. The petitioner has got clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 30.6.2022.

Learned A.P.P. for the State and the learned counsel for the informant have vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, and the allegation being general and omnibus, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Gaya in connection with Vishnupad P.S. Case No. 146 of 2022

Patna High Court CR. MISC. No.17216 of 2023(2) dt.11-05-2023 3/3 with the condition :-

(1) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled. Further, the trial Court is directed to expedite and conclude the trial at the earliest.

The application stands allowed.

(Chandra Prakash Singh, J) Ajay Singh/- U T