Sanjay Chaudhary @ Jitendra Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58270 of 2025 Arising Out of PS. Case No.-500 Year-2023 Thana- RAFIGANJ District- Aurangabad ====================================================== Sanjay Chaudhary @ Jitendra Chaudhary S/O Vijay Chaudhary R/O VillageBaligawn, P.S.- Rafiganj, Distt.- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Singh For the Opposite Party/s :

Mr. Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 04-09-2025

1. Heard learned counsel for the petitioner and the learned APP for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 304(B)/34 of the IPC in connection with Rafiganj P.S. Case No. 500 of 2023.

3. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that his niece, Manisha was married to Satyendra Choudhary on 16.03.2023, at the time of marriage, Rs. 3,00,000/- and an Apache motorcycle was given by way of gift, but after marriage, Satyendra started demanding a gold chain and a ring and for non-fulfillment of the demand, the victim was tortured, it is next alleged that the accused persons including the

Patna High Court CR. MISC. No.58270 of 2025(2) dt.04-09-2025 2/3 petitioner also used to torture her for non-fulfillment of the demand, further on 13.11.2023, all the accused persons assaulted the victim and forcibly administered poison to her, on account of which, she died during the course of treatment.

4. The learned counsel appearing on behalf of the petitioner submits that from bare perusal of the allegation as alleged in the FIR, it would manifest that allegation of demand as far as the petitioner is concerned, is general and omnibus in nature. It is also submitted that the informant himself alleges that victim was taken to the hospital for treatment. It is next submitted that had the petitioner been involved in the occurrence, in that event, he would never have taken the victim to the hospital for getting her treated, for the reason that had the victim survived in that event, the petitioner and other family members would have been implicated if they had committed the occurrence. It is also submitted, no doubt, the presumption in law, is against the petitioner, but then facts of the case also needs to be appreciated.

It is further submitted that whenever the occurrence of the nature takes place, the entire family members are implicated in a mechanical manner.

Patna High Court CR. MISC. No.58270 of 2025(2) dt.04-09-2025 3/3 the occurrence. It is also submitted that the petitioner will not abscond rather will cooperate in the investigation.

5. The learned APP opposes the prayer for anticipation bail application of the petitioner.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Rafiganj P.S. Case No. 500 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) amit/- U T