Pintu Chaudhary @ Pintu Kumar Chaudhary @ Santosh Kumar Chaudhary v. The State Of Bihar

Patna High Court Cr.Misc. No.49778 of 2014 (3) dt.23-04-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49778 of 2014 Arising Out of PS.Case No. -50 Year- 2013 Thana -MASAURHI District- PATNA ======================================================

1. Pintu Chaudhary @ Pintu Kumar Chaudhary @ Santosh Kumar Chaudhary S/o Ramjee Chaudhary Resident of Village - Lahsuna, P.S. - Masaurhi, District - Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Sheo Nandan Pandit For the Opposite Party/s Mr. Pronoti Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03/ 23.04.2015 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner is in jail custody since 18.5.2013 in a case registered under sections 304B, 201/34 of the Indian Penal Code. Earlier prayer for bail of the petitioner was rejected by a coordinate bench of this court vide order dated 24.03.2014 passed in Cr. Misc. no. 3192/2012 but submission on behalf of the petitioner is that trial of the petitioner has not commenced as yet. Learned SDJM, Masaurhi district Patna vide letter no. 138 dated 4.4.2015 reported that case of the petitioner has already been committed to the court of sessions in the month of March, 2015. Petitioner happens to be husband of the deceased and according to the prosecution case itself, marriage of the deceased had taken place five years ago and therefore, it is an admitted position that

Patna High Court Cr.Misc. No.49778 of 2014 (3) dt.23-04-2015 deceased spent five years married life in the house of the petitioner and she gave birth to a child out of the above stated wedlock. Furthermore, first information report disclosed that informant got information regarding death of his daughter from cousin brother of the petitioner.

Considering the above stated facts and circumstances as well as stage of the case of the petitioner, I direct the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Sub divisional Judicial Magistrate, Masaurhi, Patna in Masaurhi P.S. Case no. 50/2013 subject to the condition that petitioner shall attend the learned trial court in person on each and every date for the period of one year or till conclusion of his trial whichever is earlier and if he fails to do so on two consecutive dates without any reasonable explanation, the learned trial court shall be at liberty to cancel the bail bonds of the petitioner.

shahid (Hemant Kumar Srivastava,J) U T