Shailendra Chaudhary @ Shalendra Chaudhary @ Salendra Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63409 of 2022 Arising Out of PS. Case No.-184 Year-2021 Thana- NAWADA MUFFASIL District- Nawada ====================================================== Shailendra Chaudhary @ Shalendra Chaudhary @ Salendra Chaudhary Son Of Ram Briksha Chaudhary Resident Of Village Samai, P.S. Muffasil, District- Nawada ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Vibhuti Ranjan Sonvadra For the Opposite Party/s :

Mr.Murli Dhar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 304B, 201, 34 of the Indian Penal Code and charge sheet has been submitted under Sections 302, 201, 34 of the I.P.C.. As per prosecution case, the allegation against the accused persons including the petitioner is that they committed murder of the informant's daughter due to non-fulfillment of dowry demand. It is further alleged that they also burnt dead body of the deceased for the purpose of hiding the evidence. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is husband of the deceased due to which he has falsely

Patna High Court CR. MISC. No.63409 of 2022(5) dt.23-08-2023 2/2 been implicated in this case. He has got no criminal antecedent. The informant is not an eye witness of the alleged occurrence and there is no prior complaint of dowry demand and ill treatment lodged against the petitioner rather the deceased died due to Covid-19. The marriage of the petitioner with the deceased was solemnized in 2013 and out of their wedlock four children were born and they were living their conjugal live happily. It is further submitted that the petitioner is languishing in judicial custody since 23.07.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Muffasil (Nawada) P.S. Case No. 184 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawada. (Sunil Kumar Panwar, J) Amandeep/- U T