Saral Choudhary @ Jawahar Choudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27130 of 2023 Arising Out of PS. Case No.-90 Year-2022 Thana- DHANGAI District- Bhojpur ====================================================== SARAL CHOUDHARY @ JAWAHAR CHOUDHARY S/O SHIV KUMAR CHOUDHARY R/O Village- Keshori, P.S- Dhangai, Distt.- Bhojpur at Ara. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manoj Kumar Singh, Advocate For the Opposite Party/s :
Mr. Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-07-2023
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 304(B), 201 and 34 of the Indian Penal Code.
3. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that his sister was married with Rajesh about five years ago and after marriage they were demanding buffalo by way of dowry, further on 10.10.2022 at about 12:00 PM he got an information that his sister has taken poison, accordingly, he along with his family members went to the place of occurrence and he came to know that Rajesh along with the accused persons including the petitioner killed his sister by poisoning.
Patna High Court CR. MISC. No.27130 of 2023(2) dt.20-07-2023 2/3
4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case being brother-in-law of the deceased, it is next submitted that from perusal of the allegation, it would manifest that the marriage was five years old and in between those five years, no case came to be instituted either by the informant or by the deceased alleging that she was being tortured for buffalo. It is further submitted that on account of dispute with her husband she consumed poison and the entire family members came to be implicated. It is also submitted that informant is not an eye witness to the occurrence and the petitioner resides separately with the husband of the deceased.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Dhangai P.S. Case
Patna High Court CR. MISC. No.27130 of 2023(2) dt.20-07-2023 3/3 No. 90 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Rishabh/- U T