Suresh Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40719 of 2015 Arising out of PS.Case No. -33 Year- 2015 Thana -OBRA District- AURANGABAD ====================================================== Suresh Choudhary, son of late Ramu Choudhary, R/o Village - Raipura, P.S. - Obra, District - Aurangabad.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Bachan Jee Ojha, Advocate. For the Opposite Party : Mr. Arun Kumar Singh-5(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-10-2015 Heard learned counsel for the petitioner and learned counsel for the State The petitioner is languishing in custody since 20.04.2015 in connection with Obra P.S. Case No. 33 of 2015 for the offences instituted under Section 302/34 of the IPC.

The prosecution story, in brief, is that the marriage of the informant has been solemnized with the daughter of Banshi Choudhary three years ago and on 18.04.2015 at 6.30 hours, he got information that his mother-in-law Laxminiya Devi has been murdered and on this information, the informant alongwith his wife reached in village-Repura and came to know from the villagers that Suresh Choudhary, Sahdeo Choudhary, Shanti Devi and Sheo kumari Kuar have committed murder of the deceased by beating and pressing her neck and the reason behind the occurrence is that the murder of one Mantu Choudhary has been

Patna High Court Cr.Misc. No.40719 of 2015 (3) dt.14-10-2015 2/2 committed by Banshi Choudhary who is in jail and in that reaction this occurrence has been committed. So, the petitioner is named in the FIR.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. The petitioner is in custody since 20.04.2015 and the charge sheet has been submitted in the case. There is no allegation of tampering with the evidence against the petitioner. The petitioner has been made accused in the present case merely on the basis of suspicion. No eye witness to the occurrence. No substantial evidence to suggest the implication of this petitioner in the present case.

On behalf of the State it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, 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 the learned S.D.J.M., Daudnagar, Aurangabad, in connection with Obra P.S. Case No. 33/2015.

U.K./- (Sudhir Singh, J) U T