Akhilesh Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33648 of 2022 Arising Out of PS. Case No.-61 Year-2022 Thana- TARARI District- Bhojpur ====================================================== AKHILESH CHOUDHARY S/o Ram Sigasan Choudhary R/o villageSedahan, P.S.- Tarari, District- Bhojpur, Pin Code- 802207 (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Kumar,Advocate For the Opposite Party/s :

Mr.Syed Mojibur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 22-09-2022 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence under Sections 304,328,34 of the Indian Penal Code. Allegation against the petitioner and other in-laws is that they used to beat the sister of the informant and on 25.03.2022, on account of mobile phone being snatched away from her, quarrel took place and she consequently took poison resulting into her death.

Learned counsel appearing for the petitioner submits that the petitioner has clean antecedent. He has falsely been

Patna High Court CR. MISC. No.33648 of 2022(2) dt.22-09-2022 2/3 implicated in the present case. In fact the petitioner is husband of the deceased and it appeas from the FIR itself that the deceased has consumed poison herself and committed suicide and the informant also participated in the last rituals and the police, after investigation, submitted chargesheet against the petitioner and the petitioner is in custody since 27.03.2022. Learned APP for the State has opposed the prayer for bail of the petitioner.

Considering the fact and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Tarari P.S.Case No.61 of 2022 with the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

Patna High Court CR. MISC. No.33648 of 2022(2) dt.22-09-2022 3/3

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Nitesh/- U T