Santosh Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5326 of 2016 Arising Out of PS.Case No. -103 Year- 2015 Thana -SANGRAMPUR DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Santosh Chaudhary S/o - Late Banka Chaudhary Resident of Village - Jalaha, P.S. - Sangrampur, District - Motihari. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bal Govind Sharma, Advocate For the Opposite Party/s : Mr. Gajendra Pd.Yadav(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 31-03-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Sangrampur P.S. Case No. 103 of 2015 registered for the offences punishable under Sections 304(B) and 201/34 of the Indian Penal Code.

Surat Devi, the daughter of the informant was married to the petitioner six years ago and she was issueless and, as such, allegedly, the petitioner used to torture her and thereafter, demanded Rs. 50,000/- to construct house and on refusal, the petitioner killed his wife and other five persons helped him in cremating the dead body.

Submission is of false implication and that the petitioner never demanded any thing, the wife of the petitioner died due to illness, she was living happily with the petitioner, no complain was ever made and when the informant got knowledge

Patna High Court Cr.Misc. No.5326 of 2016 (4) dt.31-03-2016 2/2 about the real fact, he has filed compromise petition in the court below vide Annexure-2 and, as such, the petitioner who is suffering in custody since 31.07.2015, deserves sympathetic consideration, to which the learned A.P.P. opposes. In the facts and circumstances stated above, considering that now the informant is retracting from his earlier version and is not willing to support the prosecution case and, as such, the petitioner, above named, is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Motihari, East Champaran in connection with Sangrampur P.S. Case No.

103 of 2015 subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) sushma/- U T