Rama Shankar Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29448 of 2017 Arising Out of PS.Case No. -102 Year- 2016 Thana -NOKHA District- SASARAM (ROHTAS) ======================================================

1. Rama Shankar Choudhary S/o Late Satya Narayan Choudhary R/o Village - Hariharpur, P.S. - Nokha, P.O. - Tarar, District - Rohtas. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Syed Mohammad Shabbir Alam For the Opposite Party/s : Mr. Rana Randhir Singh ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 07-08-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in custody since 17.04.2017 in connection with Nokha P.S. Case No. 102/2016 for offences punishable under Sections 302, 201, 120-B of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that his sister was married to one Ajay Choudhary and there was dispute between the brothers of her husband and his sister regarding family property of the matrimonial house. It is further alleged that the husband Ajay Choudhary had informed telephonically to the informant that he had killed his daughter and hence the informant alleged that all the in-laws of his sister have

Patna High Court Cr.Misc. No.29448 of 2017 (4) dt.07-08-2017 2/2 killed her and his 11⁄2 year old nephew.

It has been submitted by the learned counsel for the petitioner that he is the brother in law (bhainsur) of the deceased and no overt act has been committed by him. He submits that the husband Ajay Choudhary in his confessional statement has confessed his guilt stating that he killed his wife because she was having love affair with some other persons. He further submits that the husband of the deceased is in custody and that chargesheet has already been submitted, hence, there is no chance of tampering with the prosecution evidence.

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 Sri Abhai Srivastava, learned Sub-Judge-IX cum Addl. Chief Judicial Magistrate, Rohtas at Sasaram, in connection with Nokha P.S. Case No. 102/2016.

Rajesh/- (Nilu Agrawal, J) U T