Lorik Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22141 of 2018 Arising Out of PS.Case No. -158 Year- 2017 Thana -SIMRA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Lorik Choudhary Son of late Roan Choudhary Resident of VillageBharachhi, Police Station- Laukariya, District- West Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Milind Kumar Mishra Mr. Yogendra Tiwari For the State : Ms. Gulnar Begum, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 10-05-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner has been in custody since 05.02.2018 in connection with Semara P.S. Case No. 158/2017 registered for the offences punishable under Sections 306/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the marriage in question has taken place over 15 years ago and there was no allegation of any torture prior to the date of occurrence. It is submitted that the deceased had committed suicide after running away from her village and the petitioner has no role to play in the said occurrence. It is further submitted that though the occurrence is of 05.11.2017, the First Information Report in connection with

Patna High Court Cr.Misc. No.22141 of 2018 (3) dt.10-05-2018 2/2 present case has been lodged on 05.12.2017 for which no plausible explanation has been given by the informant. It is further submitted that the post-mortem of the victim lady was conducted on 09.11.2017 itself and it is clearly a case under Section 306/34 of the Indian Penal Code. Learned counsel for the petitioner next submits that only on suspicion and as an afterthought, the present case has been registered subsequently.

In view of the aforementioned facts and circumstances and there being no plausible explanation for the delay in lodging the First Information Report, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, Bagaha, West Champaran, in connection with Semra P.S. Case No. 158/2017. (Anjana Mishra, J) Saif/- U T