Shobhit Chaupal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.59083 of 2018 Arising Out of PS. Case No.-74 Year-2017 Thana- JAMALPUR District- Darbhanga ====================================================== Shobhit Chaupal S/o Nand Kishore Chaupal, R/o Vill.- Tanua, P.S.- Jamalpur (Bargaw O.P.), District- Darbhanga.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bijay Bhushan Prasad For the Opposite Party/s :
Mr. Sri Rajendra Singh Shastriji ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 04-12-2018 Heard learned counsel for the parties.
Petitioner seeks bail in Jamalpur (badgaw O.P.) P.S. Case No.74 of 2017 registered for the offence punishable under Sections 304(B)/34 of the Indian Penal Code.
Informant is the grandfather of the deceased who in his written complaint has stated that marriage of her granddaughter was solemnized with the petitioner one year earlier and it was a love marriage. On 21.07.2017, he was informed that she died. Allegation is that she has been killed by strangulation by the petitioner and his family members. It has been submitted on behalf of the petitioner that he has been falsely implicated in this case on the basis of suspicion. According to the postmortem report, cause of death was yet to be ascertained. It has further been submitted that she committed suicide by consuming poison. The allegation of demand of dowry is false and concocted as the petitioner has entered into
Patna High Court Cr.Misc. No.59083 of 2018(3) dt.04-12-2018 2/2 love marriage with the deceased. Petitioner is in custody since 22.07.2017.
Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-2nd, Biraul, Darbhanga in connection with S.T. No.483/2017 arising out of Jamalpur (Badgaw O.P.) P.S Case No.74 of 2017, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) Petitioner shall co-operate in the trial and shall be represented on each and every date fixed by the court.
(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
(S. Kumar, J) Sanjay/- U T