Shiva Chaudhary @ Shiv Chaudhary v. The State Of Bihar

Patna High Court Cr.Misc. No.8691 of 2016 (3) dt.12-04-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8691 of 2016 Arising Out of PS.Case No. -69 Year- 2015 Thana -PARASBIGHA District- JEHANABAD ======================================================

1. Shiva Chaudhary @ Shiv Chaudhary Son of Bakhori Chaoudhary Resident of Vilage Nauroo Police Station Parasbigha in the district Jehanabad.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ranjeet Kumar Mr. Sunil Kumar For the Opposite Party No. 2 : Mr. Shivendra Prasad For the State : Mr. Madhuranand Jha, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 12-04-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Parasbigha P.S. Case No. 69 of 2015 registered for the offence punishable under Section 304(B)/34 of the Indian Penal Code. Khusboo Kumari, the daughter of the informant was married to Satish Chaudhary the son of the petitioner on 07.07.2014 and allegedly, due to non-fulfillment of demand of dowry by way of motorcycle, she was killed by the petitioner and other in-laws and her dead body was kept on the railway track. Submission is of false implication and that the petitioner is old father-in-law, he has got no criminal antecedent, the petitioner and his wife are living separately from the husband

Patna High Court Cr.Misc. No.8691 of 2016 (3) dt.12-04-2016 of the deceased, the husband of the deceased is in custody, Pramila Devi has been allowed pre-arrest bail vide Criminal Misc. No. 3516 of 2016 by another co-ordinate Bench of this Court and petitioner who is suffering in custody since 03.12.2015, deserves sympathetic consideration to which the learned A.P.P. does not oppose.

In the facts and circumstances stated above, the petitioner, above named, is also 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 Sri. Sandeep Patel, learned Judicial Magistrate, 1st Class, Jehanabad in connection with Parasbigha P.S. Case No. 69 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