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Patna High CourtCR. MISC./39818/2023bail granted

Guddu Kumar @ Gauddu Kumar Choudhary v. The State Of Bihar

2023-07-17Mr. Justice Shailendra Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39818 of 2023 Arising Out of PS. Case No.-52 Year-2023 Thana- KADWA District- Katihar ====================================================== Guddu Kumar @ Gauddu Kumar Choudhary, Son of Kailash Choudhary, Resident of Village- Nandanpur, P.S.- Kadwa, District- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajit Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 17-07-2023 Heard learned counsel for the petitioner and the learned APP for the State.

2. Petitioner seeks regular bail in connection with Kadwa P.S. Case No. 52 of 2023 dated 13.03.2023 registered for the offence punishable under Section 304B/34 of the Indian Penal Code.

3. The main submissions advanced by learned counsel for the petitioner are that the petitioner has no direct relationship with in-laws of the victim, he is simply a covillager and as per village relation, he is cousin brother-in-law of the husband of the victim and he has got nothing to do with day to day affairs of the deceased and her in-laws family and against him, there is no direct and serious allegation. Further submissions are that the petitioner has been languishing in jail

Patna High Court CR. MISC. No.39818 of 2023(2) dt.17-07-2023 2/2 since 07.04.2023 and has fair and clean antecedent and against him, the investigation has been completed and the alleged offence of 304B of IPC is not made out against this petitioner.

4. Learned APP appearing for the State has opposed the bail prayer.

5. Considering the above submissions and mainly the facts that as per village relationship, the petitioner is stated to be cousin brother-in-law of the husband of the victim and he is not named in the FIR and against him, the investigation has been completed, in my opinion it is a fit case for bail to the petitioner. Accordingly, let the petitioner named-above be enlarged 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 Court concerned in connection with Kadwa P.S. Case No. 52 of 2023. (Shailendra Singh, J) annu/- U T