Bablu Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33611 of 2017 Arising Out of PS.Case No. -179 Year- 2016 Thana -SIRDALA District- NAWADA ====================================================== Bablu Choudhary Son of Arjun Choudhary, Resident of Village-Rampur, P.S.-Sirdalla(Merkaur), District-Nawada .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vishwa Ranjan Choudhary For the Opposite Party/s : Mr. Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 17-10-2017 Heard the learned counsel for the petitioner as well as the learned A.P.P. for the state.

In this application for anticipatory bail the petitioner apprehends his arrest in connection with Sirdalla (Meskaur) P.S. Case No. 179 of 2016 for the offences punishable under sections 304 (B) and 201/34 of the I.P.C.

Shobha Kumari, daughter of the informant, was married to Vikki Chaudhary, brother of the petitioner and allegedly due to non fulfillment of demand of motorcycle she was being tortured and assaulted and ultimately she was killed and burnt by the petitioner and other in-laws including the husband. Submission is of false implication and that the petitioner is living separately since long from the husband of the deceased having no concern with the family affairs of the deceased

Patna High Court Cr.Misc. No.33611 of 2017 (3) dt.17-10-2017 2/2 or her husband, there is no specific allegation against the petitioner and the allegations are omnibus and general in nature, during investigation the independent witness Mathura Chaudhary has stated that the deceased died due to diarrhea and this case has been lodged falsely, vide paragraph-42 of the case diary, father-in-law and mother-in-law have been allowed pre-arrest bail vide Cr. Misc. No. 1580 of 2017 by order dated 03.04.2017 and as such the petitioner deserves sympathetic consideration. The learned A.P.P. fairly submits that father-in-law and mother-in-law have been allowed pre-arrest bail.

In the facts and circumstances stated above, considering that against the petitioner there is no specific allegation and he is Bhaisur and as such the petitioner, in case of his arrest or surrender within a period of four weeks from the date of receipt/production of a copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M-V, Nawada in connection with the aforementioned case, subject to the condition as laid down under section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) Abhay/- U T