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Patna High CourtCR. MISC./2354/2021allowed

Ramesh Choudhary v. The State Of Bihar

2021-03-10Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2354 of 2021 Arising Out of PS. Case No.-12 Year-2019 Thana- CHUTIA SAHAYAK District- Rohtas ====================================================== RAMESH CHOUDHARY SON OF LATE SITARAM CHOUDHARY Resident of Village - Tiura, P.S.- Chuttia, Distt.- Rohtas. ... ... Petitioner/s

Versus

THE STATE OF BIHAR PATNA , Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Siddharth Harsh, Advocate For the Opposite Party/s :

Mr.H.A. Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-03-2021 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner seeks bail in connection with Chuttia P.S. Case No.12/2019 registered for the offence punishable under Sections 304 (B), 34 of the Indian Penal Code. As per the prosecution case, sister of the informant has been killed by the petitioner in association of his family members on non-fulfillment of dowry demand.

It is submitted by learned counsel for the petitioner has

Patna High Court CR. MISC. No.2354 of 2021(2) dt.10-03-2021 2/3 been falsely implicated in this case and has not committed any offence as alleged in the FIR. He further submits that petitioner is the husband of the deceased. After investigation the police has submitted chargesheet under section 498A and 306 of the IPC and charge has been framed against the petitioner. The petitioner has no criminal antecedent and has been languishing in custody since 23-07-2019. Learned APP for the State opposed the bail petition. Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge XVth, Rohtas at Sasaram in connection with Chuttia P.S. Case No.12 of 2019, subject to the following conditions:

(1) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife.

(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial. (3) The petitioner shall remain physically present in the court on each and every date during trial and in the event

Patna High Court CR. MISC. No.2354 of 2021(2) dt.10-03-2021 3/3 of failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.

(4) The petitioner shall co-operate with the investigation, if not already concluded and make himself available and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (Anjani Kumar Sharan, J) pallavi/- U T