Srilal Chaudhary @ Shrilal Chaudhry @ Dhudhli @ Ghughali @ Sushil Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17960 of 2017 Arising Out of PS.Case No. -6 Year- 2016 Thana -NADI NAINAHA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== SRILAL CHAUDHARY @ SHRILAL CHAUDHRY @ DHUDHLI @ GHUGHALI @ SUSHIL CHAUDHARY, Son of Lakshman Chaudhary, Resident of Nainaha, P.S.- Nadi, District- West Champaran. .... .... Petitioner

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Bimlesh Kumar Pandey, Advocate For the Opposite Party/s : Mr.Ram Bachan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-05-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Nadi P.S.Case No. 6 of 2016 registered for the offences punishable under Sections 341, 323, 304B and 201/34 of the Indian Penal Code.

Case is under Section 304B IPC and petitioner is the husband.

It has been submitted on behalf of the petitioner that even according to FIR marriage was solemnized seven years back, as such, no case is made out under Section 304B IPC against the petitioner. Further submission is that in the case diary during course of investigation witnesses have stated that quarrel took place between husband and wife because of the fact that deceased assaulted her son and for that petitioner slapped the deceased and thereafter she herself consumed poison. However, later on false and concocted case has been lodged against the petitioner and he is in custody since 27.2.2017.

Heard learned APP also, who has opposed the prayer

Patna High Court Cr.Misc. No.17960 of 2017 (3) dt.08-05-2017 2/2 for bail.

Having heard both sides and considering the aforesaid facts and circumstances, let the petitioner, named above, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Bagaha, West Champaran, in connection with Nadi P.S.Case No. 6 of 2016, subject to the conditions that :- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable properties within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reason, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) spal/- U