Ajit Kumar Choudhary v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.6759 of 2017 (3) dt.02-05-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6759 of 2017 Arising Out of PS.Case No. -1758 Year- 2012 Thana -COMPLAINT CASE District- BANKA ====================================================== Ajit Kumar Choudhary, son of Subodh Chandra Choudhary, resident of Village- Kharhara, Police Station- Barahat, District- Banka. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Most. Meena Devi, wife of Late Jagdish Prasad Jha, resident of VillageMotiya, P.S.- Godda, District- Banka. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shivendra Kumar Sinha, Advocate. For the Opposite Party/s : Mr. Dr.Mrityunjaya Kr.Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 02-05-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Complaint Case No. 1758(C) of 2012, registered under Section 304(B)/34 of the Indian Penal Code.

The accusation is of killing of daughter of informant by her husband and in-laws due to non-fulfillment of demand of dowry and to dispose of her dead body.

Learned counsel for the petitioner submits that admittedly, the marriage of the petitioner was performed with Babita Devi, daughter of the informant, in the year 2005 and after marriage, Babita Devi, wife of the petitioner, become ill due to

Patna High Court Cr.Misc. No.6759 of 2017 (3) dt.02-05-2017 kidney problem and treatment was given to her by the petitioner at different places but ultimately she died and son of the informant also participated in funeral ceremony but with ulterior motive the present case has been lodged with false allegation. The Investigating Officer has detailed about the place where treatment was given to the deceased in paragraph 7 of the case diary and in paragraph 8 of the case diary, the witness has also stated the similar fact of death of deceased, wife of the petitioner, due to kidney failure.

Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Banka, in connection with Complaint Case No. 1758(C) of 2012, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Rajendra Kumar Mishra, J) Bhardwaj/- U T