Dipu Chaudhary @ Dipak Chaudhary @ Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63284 of 2018 Arising Out of PS. Case No.-43 Year-2018 Thana- PARSAUNI District- Sitamarhi ====================================================== DIPU CHAUDHARY @ DIPAK CHAUDHARY @ DEEPAK KUMAR son of Ram Lala Chaudhary @ Indal Chaudhary, Resident of Village- Dhanger, P.S. Parsauni, District Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Om Prakash Upadhyay For the Opposite Party/s :

Mr. Sri Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 22-11-2018 Heard learned counsel for petitioner, learned counsel for the State and learned counsel for the Informant. Petitioner seeks bail in Parsauni P.S. Case No. 43 of 2018 registered for the offence punishable under Sections 304B/34 of the Indian Penal Code.

Allegation against the petitioner is of killing daughter of the Informant alongwith FIR named accused. It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. It has been further submitted that petitioner never demanded dowry or subjected her to cruelty. In the Post Mortem Report, Doctor has opined death due to Asphyxia as a result of hanging. Petitioner has got no criminal antecedent and is in custody since

Patna High Court Cr.Misc. No.63284 of 2018(3) dt.22-11-2018 2/2 03.08.2018.

Learned counsel for the Informant vehemently opposes the prayer for bail.

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 Chief Judicial Magistrate-Sitamarhi, in connection with Parsauni P.S. Case No. 43 of 2018, 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) ranjan/- U