Sikandar Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39423 of 2015 Arising Out of PS.Case No. -121 Year- 2015 Thana -NAWADA District- NAWADA ====================================================== Sikandar Choudhary son of Krishna Choudhary Residence of villageNanaura, Police Station- Nawada, 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. M.K.Nirala(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-10-2015 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted under Section 304B/34 of the Indian Penal Code.

Allegation against the petitioner is to have tortured and killed the sister of the informant, namely, Babita Devi @ Bodha Kumari due to non-fulfilment of demand of dowry, i.e., a motorcycle.

It has been submitted on behalf of the petitioner that he has got no criminal antecedent. He is in custody since 24.6.2015. Chargesheet has been submitted in the case. There is no allegation of tampering of evidence against the petitioner. From perusal of paragraphs-23, 24, and 25 of the case diary it would appear that the deceased had committed suicide and the police has submitted chargesheet under Section 306 of the Indian Penal Code. Further, from perusal of the F.I.R. it would appear that on the alleged date of occurrence, the petitioner was at Delhi where he used to work. On behalf of the State, it is submitted that the petitioner is

Patna High Court Cr.Misc. No.39423 of 2015 (3) dt.12-10-2015 2 / 2 named in the F.I.R. and is husband of the deceased. Considering the aforesaid facts and circumstances, let the above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawada, in connection with Nawada Town P.S. Case no. 121 of 2015 giving rise to G.R. no. 485 of 2015. (Sudhir Singh, J) sudip/- U T