Ravindra Chaupal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39172 of 2024 Arising Out of PS. Case No.-204 Year-2022 Thana- SINGHESHWAR District- Madhepura ====================================================== Ravindra Chaupal, aged about 30 years, Sex-Male, Son of Kari Das, Resident of Village- Sukhasan, Ward No. 03, P.S.- Singheshwar, District- Madhepura. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Uday Chand Prasad, Advocate For the Opposite Party/s :
Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 06-09-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in connection with Singheshwar P.S. Case No. 204 of 2022 instituted for the offences punishable under Sections 341, 323, 328, 302 / 34 of the Indian Penal Code.
3. As per allegation in the FIR, all the accused persons including the petitioner strangulated the daughter of the informant and administered poison due to non-fulfillment of demand of dowry.
4. Learned counsel for the petitioner submits that petitioner is innocent has committed no offence and has falsely
Patna High Court CR. MISC. No.39172 of 2024(3) dt.06-09-2024 2/3 been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He further submits that there is no eye witness of the alleged occurrence. Petitioner is the Devar of the deceased and has no criminal antecedent as stated in para 3 of the petition.
5. Learned APP for the State vehemently opposed the prayer for bail of the petitioner.
6. From perusal of the F.I.R., case diary, postmortem report, FSL report and the impugned order of the learned Additional District and Sessions Judge-1st-cum-Special Judge, Madhepura dated 02.02.2024, it appears that no external injury has been found on the dead body of the deceased and opinion of the Doctor regarding cause of death could not be ascertained as mentioned in the postmortem report. Similarly situated co-accused person namely, Fulchand Chaupal @ Fulchand Kumar Chaupal has been granted anticipatory bail by this Court in Cr. Misc. No. 52666 of 2024 vide order dated 20.07.2024, so considering all these aspects, let the above named petitioner be released on bail, in the event of his arrest or surrender before the Court below within six weeks from today, upon furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Madhepura in connection with Singheshwar P.S. Case No. 204 of 2022, subject
Patna High Court CR. MISC. No.39172 of 2024(3) dt.06-09-2024 3/3 to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.
(Ramesh Chand Malviya, J) Anand Kr.
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