Baban Chaudhary @ Baban Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3378 of 2018 Arising Out of PS.Case No. -163 Year- 2017 Thana -RIVILGANJ District- SARAN ====================================================== Baban Chaudhary @ Baban Singh, S/o Late Phoolan Chaudhary, R/o Village - Sengar Tola, P/S - Ravilganj, District - saran .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Anant Kumar Bhaskar For the Opposite Party/s : Mr. Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 07-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 328 and 302/34 of the Indian Penal Code.

Wife of this petitioner died after 8 to 10 years of her marriage in unnatural circumstances. Allegation is that there was demand of dowry and torture for the same by the petitioner and other family members. Further allegation is that the family members threw the victim from the roof and thereafter poisoned her.

Submission is that there is no eyewitness of the occurrence. The Doctor has not found any external injury while performing postmortem report to substantiate the allegation that

Patna High Court Cr.Misc. No.3378 of 2018 (3) dt.07-08-2018 2/2 she was thrown away from the roof of the house, hence, whole allegation is concoction one.

Considering the aforesaid facts, let the petitioner, above named, who is in custody since 18.07.2017, be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Sessions Trial No. 543 of 2017 arising out of Rivilganj Police Station Case No. 163 of 2017, subject to the condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner as well as condition that both the bailors shall be resident of within the territorial jurisdiction of the learned court below. (Birendra Kumar, J) Kundan/- U T