Sonu Chaudhary @ Sanjeev Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7581 of 2021 Arising Out of PS. Case No.-55 Year-2018 Thana- KURSAILA District- Katihar ====================================================== SONU CHAUDHARY @ SANJEEV CHAUDHARY SON OF LATE MANOJ CHAUDHARY R/O KURSELA BASTI PS-KURSELA DISTRICTKATIHAR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjeet Kumar Singh For the Opposite Party/s :

Mr. Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 17-03-2021 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks regular bail in connection with Sessions Trial No. 308 of 2018, arising out of Kursela Police Station Case No. 55 of 2018, registered for the offences punishable under Section 304-B of the Indian Penal Code. This is the third attempt on behalf of the petitioner for grant of regular bail. Earlier, the prayer for regular bail of the petitioner was rejected twice by this Court, vide orders, dated 31.10.2018 and 26.11.2019, passed in Criminal Misc. Nos. 59606 of 2018 and 53401 of 2019 respectively. By order, dated 26.11.2019, passed in Criminal Misc. No. 53401 of 2019, the prayer for bail of the petitioner was rejected, giving liberty to

Patna High Court CR. MISC. No.7581 of 2021(3) dt.17-03-2021 2/3 the petitioner to renew his prayer for bail after one year from the date of the order, if the trial is not concluded within that period. The allegation against the petitioner, as per the First Information Report, is that he allegedly killed his wife due to non-fulfillment of demand of dowry.

Learned Counsel for the petitioner submits that the petitioner has renewed his prayer for bail after one year, as observed by this Court in the order dated 26.11.2019. He further submits that the petitioner is in custody since 09.04.2018. This Court, vide order, dated 03.02.2021, had called for a report from the learned Court below regarding the stage of the case and in pursuance of the said order, a report has been submitted by learned 3rd Additional Sessions Judge, Katihar and from perusal of the same, it would be evident that the trial has commenced and only two prosecution witnesses, out of six, have been examined and cross-examined.

After having heard learned Counsel for the parties and taking into consideration the fact that the petitioner is in custody since 09.04.2018 and the trial has not yet been concluded, I am inclined to grant regular bail to the petitioner. This application is, accordingly, allowed.

Let the petitioner, above named, be released on bail,

Patna High Court CR. MISC. No.7581 of 2021(3) dt.17-03-2021 3/3 upon furnishing bail bonds of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned 3rd Additional Sessions Judge, Katihar, in connection with Sessions Trial No. 308 of 2018, arising out of Kursela Police Station Case No. 55 of 2018.

This is subject to the condition that the petitioner shall present himself before the Court, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √