Sheo Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16107 of 2015 Arising Out of PS.Case No. -40 Year- 2015 Thana -CHARPOKHARI District- BHOJPUR ======================================================

1. Sheo Chaudhary S/o Bhola Pasi, resident of village- Bambhwar,PS.-Piro, District- Bhojpur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Satish Chandra For the Opposite Party/s : Mr. Nityanand (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-06-2015 The petitioner is languishing in custody since 07.02.2015 in connection with Charpokhari P.S. Case No. 40 of 2015 for the offences instituted under sections 302, 120-B/34 of the Indian Penal Code and section 27 of the Arms Act. Heard learned counsel for the petitioner and learned counsel for the State.

The prosecution story, in brief, is that the informant Manish Kumar @ Lav Kumar lodged a first information report alleging therein that on the date of occurrence, he along with his brother and mother had gone to attend the Court of Family Judge at Arrah where his mother had lodged a case for maintenance against his father. It is further alleged that when after attending the court, they were returning by train, there he saw his father Kamlesh Rai, uncle Ram Babu Rai and Mithilesh Rai and

Patna High Court Cr.Misc. No.16107 of 2015 (2) dt.09-06-2015 Phupha Sheo Chaudhary boarding in another compartment. When the train stopped at Garahani railway station, his father and other members entered into the compartment where the informant and his mother were sitting. When the train reached at Garahani Halt, his uncle and phupha asked his father to shot at his wife dead on which his father fired three shots on his mother which culminated into her death.

It is submitted on behalf of the petitioner that the petitioner is simply an order giver. There is no allegation of any assault upon the deceased nor any injury has been attributed against him. The petitioner has clean antecedent. On behalf of the State it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, 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 the Chief Judicial Magistrate, Bhojpur at Arrah in connection with Charpokhari P. S. Case No. 40 of 2015.

(Sudhir Singh, J) Amin/- U