Shambhu Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25925 of 2019 Arising Out of PS. Case No.-2 Year-2019 Thana- MIRGANJ District- Purnia ====================================================== SHAMBHU CHOUDHARY, aged about 43 years, Male, Son of Late Parmeshwar Choudhary Resident of Village - Gachhkatta, P.S.- Mirganj, District- Purnea ... Petitioner

Versus

THE STATE OF BIHAR ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Sada Nand Roy, Adv.

For the Opposite Party :

Mr. Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 2 02-05-2019 Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the State. The petitioner is languishing in judicial custody since 07.01.2019 in connection with Mirganj P.S. Case No. 2 of 2019 for the offence alleged under Section 304/34 of the Indian Penal Code. The prosecution case, as lodged by the informant, is that her grand-daughter, Anjali Devi, was marred to one Manjit Choudhary son of the petitioner in the year 2018. On 04.01.2019 the petitioner gave a telephonic call to the informant that her granddaughter has taken ill. In the morning when the informant went to her grand-daughter's matrimonial house she found her dead.

It is alleged that the petitioner along with family members have administered poison and killed her grand-daughter. It has been submitted by the learned counsel for the petitioner that he is innocent, he is father-in-law of the deceased and general and omnibus allegation has been levelled.

Patna High Court CR. MISC. No.25925 of 2019(2) dt.02-05-2019 2/2 thought, the present case has been lodged against the petitioner. However, the learned Additional Public Prosecutor for the State opposes the prayer for bail.

Considering the nature of allegations, being general and omni bus and that charge sheet has already been submitted, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Mirganj P.S. Case No. 2 of 2019 to the satisfaction of the learned Chief Judicial Magistrate, Purnea, or the successor Court, subject to the following conditions : (i) One of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner. (ii) Petitioner will appear before the learned Court below during trial as and when required and failure to appear on two consecutive dates without assigning any reason will entail cancellation of his bail bonds.

(Nilu Agrawal, J) Shamshad/- U T