Rajesh Choudhary @ Rajesh Kumar Choudhary And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26780 of 2017 Arising Out of PS.Case No. -431 Year- 2016 Thana -BARAUNI District- BEGUSARAI ======================================================

1. RAJESH CHOUDHARY @ RAJESH KUMAR CHOUDHARY

2. Mahesh Choudhary, Both Sons of Sri Ram Bilas Choudhary, Resident of Village- Papraur, P.S.- Barauni (Zero Mile), District- Begusarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ravi Ranjan For the Opposite Party/s : Mr. Sri Akshay Lal Pandit ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 27-07-2017 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners are in judicial custody since 17.03.2017 in connection with Barauni (Zero Mile) P.S.Cse No. 431 of 2016 for the offences alleged under Sections 498(A), 302/34 of the Indian Penal Code and 3 / 4 of Dowry Prohibition Act. The prosecution case, as lodged by the brother of the deceased is that his sister (Chanda Devi) was married with Ram Kumar Choudhary in the year 2005 and due to non fulfillment of demand of dowry she has been done to death by all her in-laws. It has been submitted by the learned counsel for the petitioners that they are innocent and Devars of the deceased and

Patna High Court Cr.Misc. No.26780 of 2017 (3) dt.27-07-2017 2/3 have been falsely implicated in the aforesaid case. It has been further submitted that the husband of the deceased is in custody and some of the witnesses have stated that there was money dispute between the husband and the deceased and Mukhiya has stated that some money was given by the husband of the deceased after demonetization to convert into new currency note to the informant by the deceased but was not returned and there was quarrel between the husband and the deceased. He further submits that the charge sheet has already been submitted, hence, there is no chance of tampering with the prosecution witnesses. However, learned A.P.P. for the State opposes the prayer for bail stating therein that the deceased died due to strangulation.

Be that as it may, let above named petitioners be released 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 learned C.J.M., Begusarai in connection with Barauni (Zero Mile) P.S.Case no. 431 of 2016, subject to the condition that both the bailors would be close relative of the petitioners with sufficient immovable property within the jurisdiction of the concerned police station/court, who will file affidavit stating their relationship with the petitioners and the

Patna High Court Cr.Misc. No.26780 of 2017 (3) dt.27-07-2017 3/3 petitioners will appear before the court below during trial on each and every date and failure to appear on two consecutive dates without assigning any reason will entail cancellation of their bail bonds.

(Nilu Agrawal, J) singh/- U T