Hiran Choudhary @ Higan Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45578 of 2025 Arising Out of PS. Case No.-85 Year-2024 Thana- Bhawanipur District- Bhagalpur ====================================================== Hiran Choudhary @ Higan Choudhary son of Late Jagdish Pasi VillageChakrami Ps- Bhawanipur, Dist- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Chandra Mohan Jha, Advocate For the Opposite Party/s :

Mr. Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 23-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with S. Tr. No. 860 of 2024 arising out of Bhawanipur P.S. Case No. 85 of 2024 instituted for the offences under Sections 304B, 120B, 34 of the Indian Penal Code.

3. Prosecution case, in short, is that the petitioner alongwith the family members tortured and killed the deceased for the non-fulfillment of demand of dowry.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner is the father-in-law of the deceased. Learned counsel for the petitioner submits that general and omnibus allegation has been made against the petitioner. No specific overt act is alleged against the petitioner. Learned counsel further submitted

Patna High Court CR. MISC. No.45578 of 2025(2) dt.23-07-2025 2/2 that petitioner is separate in mess and business and has got no concern in the family affairs of the deceased and her husband. Husband of the deceased is already in custody. Learned counsel further submitted that cognizance has been taken in this case and charge has also been framed. It has been submitted on behalf of the petitioner that the petitioner is in custody since 27.06.2024 and has no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, husband of the deceased being in custody, as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with S. Tr. No. 860 of 2024 arising out of Bhawanipur P.S. Case No. 85 of 2024. (Rudra Prakash Mishra, J) Alok Verma/- U T