Santosh Chaudhary @ Rambabu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36350 of 2023 Arising Out of PS. Case No.-52 Year-2023 Thana- GOH District- Aurangabad ====================================================== SANTOSH CHAUDHARY @ RAMBABU Son of Late Rajendra Chaudhary Resident of village - Sighadi, P.S.- Goh, District - Aurangabad, Bihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Santosh Chandra Bhaskar For the Opposite Party/s :

Mr.Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302/34 of the Indian Penal Code.

3. As per allegation in the FIR, the informant alleged that his sister was married with the petitioner in year of 2009 and thereafter, the petitioner along with his family members subjected her to cruelty. On 7.2.2023 the informant came to that his sister was committed murder by strangulating.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is husband of the petitioner due to which he has falsely been implicated in this case. There is no prior complaint against the petitioner regarding harassment or torture to the

Patna High Court CR. MISC. No.36350 of 2023(6) dt.09-02-2024 2/2 deceased. The marriage of the petitioner was solemnized with the deceased before fifteen years in the year of 2009. As per postmortem report, doctor has not ascertained the cause of death and preserved his opinion. According to FSL report, it appears no metallic, alkaloidal, glycosidal or volatile poison could be detected. It is also submitted vide para 11 of the petition that the deceased died due to heart attack. The petitioner has got no criminal antecedent and languishing in judicial custody since 21.2.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Considering the facts and circumstances of the case as well as custody period, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail after framing of charge, if not framed in connection with Goh P.S. Case No. 52 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned SJM, Daudnagar, Aurangabad.

(Sunil Kumar Panwar, J) Amandeep/- U T