Gunjan Chaudhary @ Gujnan Chaudhary v. The State Of Bihar
Patna High Court Cr.Misc. No.18094 of 2016 (3) dt.25-05-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.18094 of 2016 Arising Out of PS.Case No. -13 Year- 2016 Thana -EKANGARSARAI District- NALANDA (BIHARSHARIFF) ====================================================== GUNJAN CHAUDHARY @ GUJNAN CHAUDHARY son of Shyamdev Chaudhary, resident of Bharara Pokhar, P.S.-Ekangarsarai, DistrictNalanda. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Shyamal Prakash, Advocate For the Opposite Party : Mr. H.A.Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-05-2016 Heard learned counsel for the petitioner and learned counsel for the State.
Petitioner is in custody since 05.02.2016 in connection with Ekangarsarai P.S.Case No.13 of 2016 registered for the offence under Sections 302 and 201/34 of the IPC. As per the prosecution case, it is alleged by the informant that his daughter Sulekha Devi married with petitioner seven-eight years back and she lived in her matrimonial home some days peacefully but her husband and other accused persons including the petitioners started demanding a motorcycle and cash of Rs.two lacks and due to non-fulfilment of the said demand, they committed cruelty and, lastly, that his daughter was killed and thrown by her in-laws family.
It has been submitted on behalf of the petitioner that the
Patna High Court Cr.Misc. No.18094 of 2016 (3) dt.25-05-2016 petitioner is in custody since 05.02.2016. Chargesheet has been submitted in the case. Petitioner has got no criminal antecedent. Petitioner has been made accused due to mistake of fact. From perusal of paras-79, 80 and 81 of the case diary, it is evident that the deceased was suffering from mental ailment and at times she used to leave the home. On the alleged date of occurrence also, she had left home. From perusal of the postmortem report, it appears that there is no external injury on the body of the deceased. A petition has been filed on behalf of the informant stating that his daughter was suffering from mental ailment and she used to leave the house of her in-laws. It is further stated that she had got herself drawn in the river.
On behalf of the State, it has been submitted that the petitioner is named in the FIR and he is the husband of the deceased.
Considering the aforesaid facts and circumstances, let the above named petitioner 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 ACJM, Hilsa, Nalanda in connection with Ekangarsarai P.S.Case No.13 of 2016. (Sudhir Singh, J) B.Kr./- U T