Motilal Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38220 of 2021 Arising Out of PS. Case No.-26 Year-2020 Thana- GOBARDHANA District- West Champaran ====================================================== MOTILAL CHOUDHARY Son of Kishun Chaudhary @ Zalim Choudhary Resident of Village - Patheri, P.S.- Gobardhana, Dist.- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sudha Chandra For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-12-2021 Heard learned counsel for the petitioner, learned A.P.P. for the State and Mr. Vijay Kumar Singh, learned counsel for the informant.

The petitioner seeks regular bail in connection with G.R. No. 1090 of 2020, arising out of Gobardhana P.S. Case No. 26 of 2020, registered under Sections 302, 201/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is in custody since 13.01.2021, and is a person of clean antecedent and charge-sheet has been submitted. Learned counsel for the petitioner further submits that the informant in the F.I.R. alleges that his daughter was married to the brother of this petitioner 3 1⁄2 years ago and the husband of

Patna High Court CR. MISC. No.38220 of 2021(2) dt.13-12-2021 2/3 the deceased was having illicit relationship with the wife of this petitioner which the daughter of the informant use to protest. It is alleged that despite protest the husband of the deceased continue his relationship with his bhabhi and eventually 09.07.2020, the husband (Pappu Chaudhary) of the deceased strangulated the neck of the victim and killed her. Learned counsel submits that the allegation in the F.I.R. to this petitioner are general and omnibus in nature.

The elder brother of the husband of the deceased and co-accused Pritee Devi has been granted bail by order dated 27.08.2021 in Cr. Misc. No. 10034 of 2021, which she is wife of this petitioner. Learned counsel for the informant vehemently opposes the bail application of the petitioner. Learned counsel for the petitioner submits that nothing specific has been alleged against this petitioner. Learned APP for the State opposes the prayer of regular bail application of the petitioner.

Considering the fact that the petitioner is in custody since 13.01.2021, charge-sheet has been submitted in this case and the petitioner, is a person with clean antecedent, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two

Patna High Court CR. MISC. No.38220 of 2021(2) dt.13-12-2021 3/3 sureties of the like amount each to the satisfaction of 2nd Additional Chief Judicial Magistrate, Bagaha, West Champaran in connection with G.R. No. 1090 of 2020, arising out of Gobardhana P.S. Case No. 26 of 2020.

(Satyavrat Verma, J) Ranjeet/- U