Chandeshwar Choudary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61715 of 2024 Arising Out of PS. Case No.-162 Year-2024 Thana- BAIRIYA District- West Champaran ====================================================== 1.

Chandeshwar Choudary S/o- Ramji Choudhary @ Ramjee Choudhary VillSiswa Saraiya, Ward no 10, Ps- Bairiya Dist- West Champaran 2.

Chandan Choudhary Son of Ramji Choudhary @ Ramjee Choudhary VillSiswa Saraiya, Ward no 10, Ps- Bairiya Dist- West Champaran 3.

Ramji Choudhary son of Late Kishun Choudhary Vill- Siswa Saraiya, Ward no 10, Ps- Bairiya Dist- West Champaran 4.

Mala Devi D/o- Ramji Choudhary @ Ramjee Choudhary, W/o-Upendra Choudhary Village- Baghi Bagambharpur Ps- Srinagar Dist- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Gupta, Adv.

For the Opposite Party/s :

Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 11-09-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners are apprehending arrest in connection with Bairiya P.S. Case No. 162 of 2024 dated 11.05.2024, lodged under Sections 306, 201, 34 of the Indian Penal Code.

3. As per the prosecution, FIR has been lodged against five named accused persons including the present petitioners against whom there is an allegation that they have abused and assaulted the victim (Rinki Kumari) due to which she committed suicide and her dead body was disposed off by the accused persons.

Patna High Court CR. MISC. No.61715 of 2024(2) dt.11-09-2024 2/2

4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. Counsel submits that the criminal antecedent of the petitioners are clean and they have falsely been implicated in this case. Counsel further submits that the victim's father himself filed an affidavit before the ACJM-III, Bettiah, West Champaran and submits that the in-laws of the victim were also present at the time of cremation. Counsel submits that the husband of the deceased is already in custody.

5. Learned APP for the State opposes the prayer for bail of the petitioners.

6. As such, considering the aforesaid facts and circumstances, let the above named petitioners be released on bail, in the event of arrest or surrender before the learned Court below within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (thirty thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-III, Bettiah, West Champaran, in connection with Bairiya P.S. Case No. 162 of 2024, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Dr. Anshuman, J) Divyansh/- U T