Anil Kumar Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56772 of 2019 Arising Out of PS. Case No.-6 Year-2019 Thana- MORO District- Darbhanga ====================================================== ANIL KUMAR CHAUDHARY Son of Late Raj Kishore Chaudhary Resident of Godei Patti, P.S.-Moro, District-Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Patanjali Rishi For the Opposite Party/s :

Mr.Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 17-09-2019 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Moro Police Station Case No. 06 of 2019, disclosing offences under Sections 302/328/120-B/34 of the Indian Penal Code.

The prosecution case, as per the First Information Report, is that the son of the informant was married to the daughter of the petitioner and on 11.03.2019, the son of the informant had gone to his sasural and on 12.03.2019, he informed his father (the informant) that the petitioner along with other co-accused persons have locked him in a room and were conspiring to kill him. It has been alleged that the son of the informant has been killed by the accused persons, including the

Patna High Court CR. MISC. No.56772 of 2019(3) dt.17-09-2019 2/3 petitioner, by administering him poison.

Learned Counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged inasmuch as the petitioner is the father-in-law of the deceased and there was a fight between the husband and wife (daughter of the petitioner) and the deceased has committed suicide. He, relying on supplementary affidavit, submits that the police, after investigation, has submitted charge sheet against the petitioner under Section 306/34 of the Indian Penal Code. He further submits that the deceased has committed suicide outside the house of the petitioner in a school.

Having regard to the submissions made on behalf of the parties and taking into consideration the fact that the petitioner is the father-in-law of the deceased and the deceased has committed suicide, I am inclined to grant the petitioner privilege of anticipatory bail.

This application is, accordingly, allowed.

Let the petitioner, Anil Kumar Chaudhary, in the event of his arrest or surrender before the Court below within four weeks, be released 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 Additional Chief Judicial

Patna High Court CR. MISC. No.56772 of 2019(3) dt.17-09-2019 3/3 Magistrate-VI, Darbhanga, in connection with Moro Police Station Case No. 06 of 2019, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √