Patna High CourtCR. MISC./35204/2016rejected

Nagesh Choudhary @ Nago Chaudhary And ANR v. The State Of Bihar

2016-08-20Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35204 of 2016 Arising Out of PS.Case No. -96 Year- 2016 Thana -WARSALIGANJ District- NAWADA ======================================================

1. Nagesh Choudhary @ Nago Chaudhary.

2. Ajay Choudhary. Both are Son of Late Bindu Choudhary, Resident of Village:- Bishanpur, P.S:- Pakribrawan, District:- Nawada. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sheo Kumar Prasad For the Opposite Party/s : Mr. Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 20-08-2016 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek bail in connection with Warisaliganj P.S. Case No. 96 of 2016 registered for the offences punishable under sections 302, 201/34 of the Indian Penal Code. It would be evident from the impugned order dated 20.07.2016 passed by the learned Sessions Judge, Nawadah in B. P. No. 526 of 2016 that the married sister of the petitioners was having extra marital affairs with the deceased Chhattis Kumar. She had talked with the deceased Chhattis Kumar about 25 times on the mobile on one day. On the relevant date of occurrence, the petitioners found both of them in a hut of the

Patna High Court Cr.Misc. No.35204 of 2016 (2) dt.20-08-2016 village. They chased and caught both of them. They took deceased Chhattis Kumar towards Bahiyar and after few hours they returned to their house and threatened their sister not to raise hulla about the murder. Apparently, it appears to be a case of honour killing in which sister of the petitioners has made statement against the petitioners before the police. Taking into consideration the serious nature of the offence, I am not inclined to grant bail to the petitioners. This application for bail is rejected.

(Ashwani Kumar Singh, J) Amin/- U