Vijay Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10116 of 2021 Arising Out of PS. Case No.-26 Year-2020 Thana- GOBARDHANA District- West Champaran ====================================================== 1.

Vijay Chaudhary S/O Zalim Chaudhary 2.

Zalim Chaudhary S/o Bhikhi Chaudhary, both are resident of Pathri, P.S. Goberdhana, District West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey, Advocate For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-09-2021 Heard learned counsel for the petitioners and learned APP for the State through virtual mode.

Counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks from the date of restoration of normalcy. Further, Counsel for the petitioners is permitted to make necessary correction in respect of P.S. case in paragraph 1 and the prayer portion of the application.

Counsel for the petitioners seeks permission to withdraw the present application on behalf of petitioner No.2 as the petitioner No.2 has been taken into judicial custody. Permission is accorded.

Patna High Court CR. MISC. No.10116 of 2021(2) dt.16-09-2021 2/3 The application filed on behalf of petitioner No.2 is dismissed as withdrawn.

The petitioner No.1 is apprehending his arrest in connection with Gobardhana P.S. case No.26 of 2020 registered under Sections 302, 201/34 of the Indian Penal Code. Allegation is that the accused persons including the petitioner No.1 committed murder of the sister of the informant and tried to conceal her dead body in Sareh.

It has been submitted on behalf of the petitioner No.1 that the petitioner No.1 has got no criminal antecedent and there is no allegation of tampering of witnesses alleged against the petitioner No.1. The petitioner No.1 has falsely been implicated in this case. The petitioner No.1 is the brother-in-law of the deceased. He is separate in mess and property from the husband of the deceased. The husband of the deceased is in custody. On behalf of the State, it is submitted that the petitioner No.1 is named in the complaint case/F.I.R. Considering the facts and circumstances of the case, the petitioner No.1, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of learned A.C.J.M. IVth,

Patna High Court CR. MISC. No.10116 of 2021(2) dt.16-09-2021 3/3 Bagaha, West Champaran in connection with Gobardhana P.S. case No.26 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Once the normalcy is restored, the petitioner No.1 shall furnish bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Narendra/- U T