Mannu Chaudhary @ Manu Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60380 of 2023 Arising Out of PS. Case No.-156 Year-2020 Thana- MASAUDHI District- Patna ====================================================== MANNU CHAUDHARY @ MANU CHAUDHARY SON OF LATE DHANESHAR CHAUDHARY RESIDENT OF VILLAGE - BALI YARI, POLICE STATION - MASAURHI, DISTRICT - PATNA ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Sushma Kumari, Advocate For the Opposite Party/s :
Mr. Bharat Bhushan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 10-11-2023 Heard the parties.
2. The petitioner is in custody in connection with Masaurhi P.S. Case No. 156 of 2020 for the offence under Sections 302/34 of the IPC lodged on 05.03.2020 by the informant, Deepak Chaudhary.
3. As per the prosecution story, the informant has alleged that his sister Kiran Devi was married to Ravindra Chaudhary, who was killed three years ago. The lady was blessed with two children. The further allegation is that the inlaws especially the father-in-law caused the killing of his sister. Earlier the case of the petitioner was heard and rejected on 21.09.2022 in Cr. Misc. No. 27302 of 2022. Again, a fresh application has been preferred whereafter a report was
Patna High Court CR. MISC. No.60380 of 2023(4) dt.10-11-2023 2/3 called for, which has since been received vide Letter no. 116 of 2023 dated 13.10.2023 according to which out of six chargesheet witnesses, only two non-official witnesses have been examined and rest four witnesses are yet to be examined. The next date for hearing have fixed for 19.10.2023.
4. Taking into account the aforesaid facts as also the fact that he is an old man of 72 years and he is in custody since 03.05.2020, this Court is inclined to extend him the privileged of bail.
5. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Additional Sessions Judge-1, Masaurhi, Patna in connection with Masaurhi P.S. Case No. 156 of 2020 subject to the following conditions: (i) one of the bailor should be the family member of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned
Patna High Court CR. MISC. No.60380 of 2023(4) dt.10-11-2023 3/3 police station every month till the conclusion of the trial to mark his attendance;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds.
7. With the aforesaid observations, the bail application is allowed.
(Rajiv Roy, J) Jagdish/SudhaU T