Ravin Choudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45801 of 2023 Arising Out of PS. Case No.-107 Year-2023 Thana- SIMRI BAKHTIYARPUR DistrictSaharsa ====================================================== RAVIN CHOUDHARY SON OF AKLU CHAUDHARY @ AKALDEV CHAUDHARY RESIDENT OF VILLAGE- AGARDAH KATHKUMAR, PS- SIMARI, BAKHTIYARPUR, DISTT- SAHARSA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shiva Shankar Sharma For the Opposite Party/s :
Mr.Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-12-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302, 304(B), 201 and 34 of the Indian Penal Code.
It is a case of causing death of his wife by the petitioner due to non-fulfillment of dowry demand.
Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is the husband of the deceased due to which he has falsely been implicated in this case. There is no prior complaint with respect to dowry demand or torture. It is further submitted in para 10 of the petition that on the day of occurrence the petitioner had gone to
Patna High Court CR. MISC. No.45801 of 2023(4) dt.04-12-2023 2/2 Punjab where he was doing manual labour in a farm when he got informant of tragic death of his wife on telephone. The informant has admitted that information of tragic death was communicated to him by this petitioner. No one is the eye witness of the alleged occurrence and there is no consistent evidence against the petitioner. It is also submitted that charge sheet has been submitted in this case. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 22.05.2023. Learned APP appearing for the state has opposed the prayer of regular bail.
Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Simari Bakhtiarpur (Kanaria O.P.) P.S. Case No. 107 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saharsa.
(Sunil Kumar Panwar, J) lata/- U T