Suraj Chaudhary v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62794 of 2018 Arising Out of PS. Case No.-24 Year-2016 Thana- CHAKIA District- East Champaran ====================================================== Suraj Chaudhary, Son of Sunil Chaudhary, Resident of Village- Professor Colony Nagar Panchayat Chakiya, Ward No.10, P.S.- Chakiya, District- East Champaran.

... ... Petitioner

Versus

1.

State Of Bihar 2.

Mohan Chaudhary, Son of Bhikhari Chaudhary, Resident of VillageSinghiya Hivan, P.S.- Banjariya, District- East Champaran. ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr.Vibhakar Kumar For the Opposite Party/s :

Mr. Shailendra Kumar -2 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 24-06-2019 Petitioner seeks bail in anticipation of his arrest in connection with Complaint Case No. 1281C of 2014 arising out of Chakiya P.S. Case No. 24 of 2016, registered for the offences punishable under Sections 498A, 386, 120B/34, 304B and 201 of the Indian Penal Code.

Allegation as per Complaint petition, on the basis of which FIR has been registered, is that accused persons started torturing the daughter of the informant with respect to demand of Rs.2 lacs. It further appears that petitioner has taken signature of the complainant on paper on which it was written that she died due to illness.

Submission of learned counsel for the petitioner is

Patna High Court CR. MISC. No.62794 of 2018(9) dt.24-06-2019 2/2 that the witnesses in paragraphs 5 and 6 of the supplementary case diary have categoically stated that deceased died due to illness and complainant was present at the time of cremation , which will appear from the complaint petition itself and he saw the dead body and as such petitioner has falsely been implicated in this case and he is ready to abide by any condition that may be imposed on him.

Heard learned APP also.

In view of above facts and circumstances, this application is allowed and the provisional bail granted to the petitioner vide order dated 21.2.2019 is confirmed on the condition that petitioner has to co-operate in disposal of trial and appear in court as and when required, otherwise the bail bonds of the petitioner shall be cancelled.

(Vinod Kumar Sinha, J) spal/- U T