Kameshwar Choudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.4897 of 2016 Arising Out of PS.Case No. -31 Year- 2015 Thana -MANSURCHAK District- BEGUSARAI ======================================================
1. Kameshwar Choudhary S/O Late Ramawtar Choudhary, resident of village- Aagapur, P.S.- Mansoorchak, District- Begusarai .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ajay Kumar Singh For the Opposite Party/s : Mr. Rajendra Singh Shastri (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 30-03-2016 Heard the learned counsel for the petitioner, the learned counsel for the informant and the learned A.P.P. representing the State.
The petitioner seeks bail in connection with Mansoorchak P.S. Case No. 31 of 2015 registered for the offences punishable under Sections 304(B) and 201/34 of the Indian Penal Code.
Mala Devi, sister of the informant, was married to Chunchun Choudhary, son of the petitioner, three years ago and out of wedlock, there is a son but allegedly, due to nonfulfillment of demand of dowry of gold Chakati, the petitioner and all in-laws killed her and buried the dead body in a ditch which was subsequently recovered.
Patna High Court Cr.Misc. No.4897 of 2016 (3) dt.30-03-2016 2/3 Submission is of false implication and that the petitioner is an old father-in-law, he is living separately having no concern with the family affair of the deceased and her husband, other co-accused Dealer Bhushan Choudhary and Ranjan Choudhary have been allowed bail, and as such, the petitioner also deserves sympathetic consideration as the husband is in custody, to which the learned APP duly assisted by the learned counsel for the informant opposes the prayer of bail by submitting that the petitioner was also involved in the crime.
In the facts and circumstances stated above, considering that the petitioner being father-in-law by remaining in custody now he has been sufficiently penalized. Charge-sheet has already been submitted and there is no chance of tampering with the prosecution evidence, and as such, the petitioner, above named, is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II Begusarai in connection with Mansoorchak P.S. Case No. 31 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property
Patna High Court Cr.Misc. No.4897 of 2016 (3) dt.30-03-2016 3/3 within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.
(Jitendra Mohan Sharma, J) ajaypd./- U T