Subhash Choudhary v. The State Of Bihar

Patna High Court Cr.Misc. No.9719 of 2016 (3) dt.28-04-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9719 of 2016 Arising Out of PS.Case No. -696 Year- 2015 Thana -BANKA District- BANKA ======================================================

1. Subhash Choudhary son of Late Bhuneshwar Choudhary, Resident of Village- Kakna, P.S.- Banka, District- Banka. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arjun Prasad For the Opposite Party/s : Mr. Narsingh Tanti(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 28-04-2016 Heard learned counsel for the petitioner and the State. The petitioner is an accused in connection with Banka P.S.Case No. 696 of 2015 registered under Sections 302, 201, 506/34 of the Indian Penal Code.

The prosecution case is that on 19.11.2015, in the morning at the occasion of Chhath Puja, Puja Kumari, the daughter of the informant had gone to the house of Bimal Singh to take the milk pot but she did not return. The informant enquired to Bimal Singh who told that his daughter had cut banana leaf and having milk pot and Sickle in her hand returned back. On the next day the informant heard hulla in the village that the dead body is lying in the pond of Naresh Mandal. When the informant along with villagers went there he found the dead body

Patna High Court Cr.Misc. No.9719 of 2016 (3) dt.28-04-2016 of his daughter and her both eyes were damaged. At that time petitioner and his two sons, namely Shailendra and Birendra were fleeing away but the petitioner was caught hold there. Submission of learned counsel appearing on behalf of the petitioner is that the petitioner is the next door neighbour and he has falsely been implicated in the present case mere on suspicion. It is also submitted that the informant lodged the Complaint Case No. 1948 of 2015 in the Court of C.J.M., Banka regarding the same occurrence against three other accused. Having considered the facts and circumstances of the case, let, above named petitioner, 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 C.J.M., Banka in Banka P.S.Case No. 696 of 2015.

(Rajendra Kumar Mishra, J) singh/- U T