Indal Chaudhary @ Indrajeet Chaudhary v. The State Of Bihar

Patna High Court Cr.Misc. No.1692 of 2015 (04) dt.10-04-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1692 of 2015 Arising Out of PS.Case No. -39 Year- 2014 Thana -DEORIYA District- MUZAFFARPUR ====================================================== Indal Chaudhary @ Indrajeet Chaudhary .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Deepak Sahay Jamuar For the Opposite Party/s : Mr. Gulnar Begum-(A.P.P.) ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 10-04-2015 Learned counsel for the petitioner seeks correction in the prayer portion of the petition and the same is allowed. Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor.

On account of recovery of dead body of unknown child aged about 10 years, on the fard-beyan of Balam Paswan, instant case has been registered against unknown. During course of investigation, the dead body has been identified to be that of Suraj Kumar @ Bhola, son of Raj Kumar Chaudhary, VillagePansalwa Srirampur, P.S.-Baruraj, District-Muzaffpur. During course of investigation, it is evident that mother of deceased has been examined under Para-21, Mausi of deceased has been examined under Para-22, maternal uncle of the deceased has been examined under Para-23, sister of deceased has been examined

Patna High Court Cr.Misc. No.1692 of 2015 (04) dt.10-04-2015 under Para-29. In the background of strained relationship amongst the parties, they have suspected against petitioner to be responsible for commission of crime. Subsequently thereof, as is evident from Para-36, petitioner was caught hold of by the family members of deceased and produced before the I.O., who took custody and then as per Para-38, inculpatory extra-judicial confessional statement has been recorded. That means to say, there happens to be no legal substantial evidence against the petitioner. That being so, petitioner Indal Chaudhary @ Indrajeet Chaudhary is directed to 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 the learned Sub-divisional Judicial Magistrate, West Muzaffarpur in connection with Deoriya P. S. Case no.39 of 2014.

(Aditya Kumar Trivedi, J) Vikash/- U T