Shailendra Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.49516 of 2014 Arising Out of PS.Case No. -68 Year- 2014 Thana -TISIAUTA District- VAISHALI(HAJIPUR) ====================================================== Shailendra Chaudhary S/O Shatrughan Chaudhary Resident of Village - Loma P.S-Tisiauta,Distt-Vaishali .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Mukesh Kumar, Advocate. For the Opposite Party/s : Mr. Pramod Kumar Pandey(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 14-08-2015 Heard learned counsel for the parties.
Having regard to the nature of allegation for offence under section 201 and 304B/34 of the Indian Penal Code and that the main accused, who is the husband of the deceased lady, namely, Chandan Kumar Choudhary is already in jail custody, this Court, taking into account both the fact that the petitioner is the father-in-law, an old person and having also no criminal antecedent, would direct that if the petitioner, namely, Shailendra Choudhary surrenders before the court below within a period of four weeks from today, he shall be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Tisiauta P.S.Case No. 68 of 2014; subject to the following conditions:
(i) That both the bailors will be close family relatives of the petitioner, who will undertake an affidavit giving genealogy
Patna High Court Cr.Misc. No.49516 of 2014 (4) dt.14-08-2015 2/2 as to how they are related with the petitioner. The bailors will also undertake to inform the court if there is any change in the address of the petitioner.
(ii) That the affidavit shall clearly state that the petitioner is not accused in any other case and if he is, he shall not be released on bail.
(iii) That the bailors shall also state on affidavit that they will inform the court concerned, if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of his bail on the ground of misuse.
(iv) That the petitioner will be well represented on each and every date in course of trial and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled on this ground alone.
(Mihir Kumar Jha, J) Sujit/- U