Amarjit Kumar Chaudhary @ Amarjit Kr. Chaudhary @ Amarjeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38236 of 2019 Arising Out of PS. Case No.-15 Year-2019 Thana- NAUGACHIA District- Bhagalpur ====================================================== Amarjit Kumar Chaudhary @ Amarjit Kr. Chaudhary @ Amarjeet Kumar S/o Lalan Chaudhary Resident of village- Meha, P.S.- Nimachandpura, DistrictBegusarai, presently residing at Mohalla- Sarvodaya Nagar Ward No. 40, P.S.- Town, Distt.- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sandip Kumar Gautam For the Opposite Party/s :

Mr.Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-06-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 365, 379 of the Indian Penal Code.

The prosecution case, in short, is that the informant got married on 26.02.2009 with Sadhna Kumari and there are two daughters and one son. On 15.12.2018 in the night his wife left home without saying anyone. It is also alleged that his wife used to talk with Dipak Kumar, friend of his brother-in-law Amarjit Kumar Chaudhary (petitioner). The informant's wife took away 10 bhars golden ornaments and Rs.30,000/- cash. It has been submitted on behalf of the petitioner that the petitioner is in custody since 1.5.2019. There is no allegation of

Patna High Court CR. MISC. No.38236 of 2019(2) dt.25-06-2019 2/2 tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. F.I.R. has been instituted after 85 days of the alleged occurrence. The informant is the brother-in-law of the petitioner. He suspects that his wife has left with co-accused, namely, Dipak Kumar in collusion with this petitioner. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in the present case. No motive has been alleged against the petitioner for committing the said offence.

On behalf of the State, it is 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 bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate 1st, Naugachia, Bhagalpur in connection with Naugachia P.S. case No.15 of 2019. (Sudhir Singh, J) Narendra/- U T