Nathun Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40043 of 2019 Arising Out of PS. Case No.-166 Year-2018 Thana- TELHARA District- Nalanda ====================================================== NATHUN CHAUDHARY Son of Nanhak Chaudhary Resident of VillageMandachh, Police Station-Telhara, District-Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar Singh For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 03-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 147, 302, 201, 504, 506 IPC registered in connection with Telhara P.S. Case No. 166 of 2018.

3. It is submitted that the petitioner has been falsely implicated merely because he happens to be the brother-in-law of the deceased. Specific accusation has been made against the husband of the deceased who is said to have had illicit relationship with another lady. There is no eye-witness to the alleged occurrence. Similarly situated co-accused Nanhak Choudhary and Uday Choudhary have been granted anticipatory bail by this Court in Cr. Misc. No. 11994 of 2019. The petitioner claims clean antecedents.

4. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned ACJM, Hilsa, Nalanda, in connection with Telhara P.S. Case No. 166 of 2018, subject to the conditions as laid down under Section 438 (2)

Patna High Court CR. MISC. No.40043 of 2019(2) dt.03-07-2019 2/2 Cr.P.C. and also subject to the following further conditions: i. That one of the bailors shall be a close relative of the petitioner. ii. That the petitioner shall not indulge in any similar offence till conclusion of the trial.

iii. That the petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

iv. The petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/- U T