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Patna High CourtCR. MISC./38091/2017allowed

Ram Dular Choudhary @ Ram Pukar Choudhary @ Ram Pular Choudhary And ORS v. The State Of Bihar

2017-08-10Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38091 of 2017 Arising Out of PS.Case No. -102 Year- 2016 Thana -NOKHA District- SASARAM (ROHTAS) ======================================================

1. Ram Dular Choudhary @ Ram Pukar Choudhary @ Ram Pular Choudhary.

2. Din Bandhu Choudhary @ Din Bandhu Singh

3. Parma Choudhary

4. Ram Awtar Choudhary All sons of Late Satya Narayan Choudhary, R/o Village - Hariharpur, P.S.-Nokha, District-Rohtas at Sasaram.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nagendra Prasad, Advocate. For the Opposite Party/s : Sri Akhileshwar Dayal, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 10-08-2017 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in Nokha P.S. Case No. 102 of 2016 registered under Sections 302, 201 and 120(B) of the Indian Penal Code.

As per the prosecution case, over row of demand of share in the matrimonial property by the deceased, her husband, brother-in-law and others committed murder of her and her 11⁄2 year's son by means of tangi.

It is submitted by learned counsel for the petitioners that the petitioners have no concern with the deceased and her

Patna High Court Cr.Misc. No.38091 of 2017 (2) dt.10-08-2017 2/2 husband. The allegation levelled against the petitioners are not specific rather omnibus. As a mater of fact, the deceased was having illicit affair with one Ramesh Choudhary of the village and she was caught in objectionable position with her paramour by her husband and her husband has eliminated the deceased. Her husband has also confessed the aforesaid fact in his confessional statement. The petitioners have been languishing in custody since 22.05.2017. Similarly situated co-accused, namely, Rama Shankar Choudhary has been enlarged on bail by a co-ordinate bench of this court vide order dated 07.08.2017 passed in Cr. Misc. No. 29448 of 2017.

Considering the facts aforesaid, the above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Sasaram, Rohtas in connection with Nokha P.S. Case No. 102 of 2016.

(Prakash Chandra Jaiswal, J) Mishra/- U T