Munna Choudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.29336 of 2017 Arising Out of PS.Case No. -63 Year- 2016 Thana -AGIAUN BAZAR District- BHOJPUR ======================================================
1. Munna Choudhary S/o Arjun Choudhary Resident of Village- Agion Bazar, Police Station- Agion Bazar, District- Bhojpur. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rajani Ranjan Pd. Singh For the Opposite Party/s : Smt. Pushpa Sinha ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 08-08-2017 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner is languishing in custody since 21.10.2016 in connection with Agion Bazar P.S. Case No. 63/16 for offences punishable under Sections 302, 201/34 of the Indian Penal Code. The prosecution case, as lodged by the informant, is that his daughter Amrita Kumari was married to the petitioner in the year 2006 and had three children. In the year 2015 the Bhainsur bought a vehicle on loan and thereafter the petitioner along with his family members started demanding Rs. 1 lakh for re-payment of loan amount and was ultimately killed for nonfulfillment of demand.
Patna High Court Cr.Misc. No.29336 of 2017 (3) dt.08-08-2017 2/3 It has been submitted by the learned counsel for the petitioner that he is innocent, not committed any overt act and general and omnibus allegation has been levelled against the petitioner. He submits that there was a fight between the children of the petitioner and his elder brother for which he had scolded his deceased wife and the wife, daughter of the informant, committed suicide, which has been supported by some independent witnesses. He further submits that charge-sheet has already been submitted and there is no allegation of tampering of the prosecution witnesses by the petitioner.
However, learned APP for the State opposes the prayer for bail.
Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara, in connection with Agion Bazar P.S. Case No. 63/2016, subject to the condition that one of the bailors would be a close relative of the petitioner having sufficient immovable property within the jurisdiction of the concerned police station, who will file an affidavit stating his
Patna High Court Cr.Misc. No.29336 of 2017 (3) dt.08-08-2017 3/3 relationship with the petitioner and that petitioner will appear before the learned court below during trial as and when required and failure to appear on two consecutive dates without assigning any reason will entail cancellation of his bail bonds. (Nilu Agrawal, J) Rajesh/- U T