Suraj Choudhary @ Kailu Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61460 of 2022 Arising Out of PS. Case No.-81 Year-2022 Thana- DHARHARA District- Munger ====================================================== Suraj Choudhary @ Kailu Choudhary Son Of Late Dashrath Choudhary R/VSarobag, P.S.- Dharhara, Distt.- Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jyoti Ranjan Jha For the Opposite Party/s :

Mr.Rajendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-02-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code.

The prosecution case as per F.I.R is that on 18.05.2022 at about 7:00 P.M, the husband of the informant was called by this petitioner on his mobile because there were worship at the house of the petitioner. The husband of the informant went there and thereafter in the next morning at about 5:00 A.M, it has been informed by this petitioner that her husband was

Patna High Court CR. MISC. No.61460 of 2022(3) dt.20-02-2023 2/3 lying dead. The informant went at the place of occurrence and found a black mark on the throat of her husband.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. There is no consistent material evidence against the petitioner and only on the basis of suspicion, the petitioner has been roped in the present case. There is no eye witness to the occurrence. During trial, the informant has not supported the prosecution case and stated that she is not aware as to whom has killed her husband. The petitioner is languishing in custody since 21.05.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner and submitted that on call made by the petitioner, the husband of the informant went at his

Patna High Court CR. MISC. No.61460 of 2022(3) dt.20-02-2023 3/3 house and thereafter this petitioner informed about the death of her husband to the informant which raised suspicion against the petitioner in the commission of murder of the husband of the informant.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II, Munger in connection with Dharhara P.S. Case No. 81 of 2022.

(Sunil Kumar Panwar, J) Shageer/- U T