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Patna High CourtCR. MISC./41532/2025bail granted

Rameshwar Chaudhary @ Ramesh Chaudhary v. The State Of Bihar

2025-07-09Mr. Justice Arun Kumar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41532 of 2025 Arising Out of PS. Case No.-131 Year-2024 Thana- GAUNAHA District- West Champaran ====================================================== Rameshwar Chaudhary @ Ramesh Chaudhary Son of Late Baidnath Chaudhary Village - Tikul tola, Ps- Gaunaha, Dist- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Brij Kishor Mishra, Advocate For the Opposite Party/s :

Mr. Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 09-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. In the present case, the petitioner seeks bail in connection with Gaunaha P.S. Case No. 131 of 2024 registered for the offences under Sections 103(1) and 3(5) of the BNS.

3. As per prosecution case, petitioner, who was the husband of the deceased daughter of the informant, along with other co-accused persons, assaulted the daughter of the informant and put the dead body on railway track where a train ran it over. The occurrence took place in the background of the fact that petitioner used to drink and under drunken condition he used to assault the daughter of the informant and further he took loan of Rs. 2,00,000/- in the name of daughter of the informant and refused to make payment of the installments.

Patna High Court CR. MISC. No.41532 of 2025(2) dt.09-07-2025 2/3

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Police investigated the matter and submitted charge-sheet under Section 108 of BNS but the petitioner has not abetted in suicide of the daughter of the informant. The marriage was solemnized in the year 2012 and two children born out of this wedlock. The death was accidental as while bringing grass, the daughter of the informant was ran over by the train. During investigation some of the witnesses have stated about the occurrence taking place in the aforesaid manner. Petitioner is in custody since 06.02.2025 and chargesheet has been submitted. Petitioner is having clean antecedent.

5. Learned A.P.P. opposes the submission made on behalf of the petitioner. Learned APP submits that petitioner is the husband and there is direct allegation against him.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the doubtful nature of allegation against the petitioner and further considering the clean antecedent of the petitioner coupled with his period of custody and submission of charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand

Patna High Court CR. MISC. No.41532 of 2025(2) dt.09-07-2025 3/3 Only) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Bettiah, West Champaran/concerned court in connection with Gaunaha P.S. Case No. 131 of 2024, subject to the conditions mentioned in Section 480(3) of the B.N.S.S. and other following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) balmukund/- U T