Bhagirath Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63534 of 2022 Arising Out of PS. Case No.-27 Year-2019 Thana- ASARGANJ District- Munger ====================================================== BHAGIRATH CHOUDHARY Son of Ganesh Choudhary Resident of Village - Amaiya, P.S.- Asarganj, District - Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Indu Bhushan For the Opposite Party/s :

Mr.Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case instituted for the offence under Sections 147, 498A, 326, 307 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act.

The allegation against the petitioner along with others is of pouring acid on the body of the informant, due to which her entire body became injured. It is alleged that the accused persons demanding dowry and torturing to the informant. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner is the husband of the informant/victim. There is no any prior complaint regarding

Patna High Court CR. MISC. No.63534 of 2022(5) dt.18-05-2023 2/2 assaulting, harassment and torturing to the victim against the petitioner and others. As per injury report, it appears that there was burn over anterior part upper chest and lower part abdomen amounting to about 12 per cent of body surface area and the doctor opined that is simple in nature. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 21.02.2022. The application for bail is opposed by learned APP for the State and submitted that petitioner is the husband of the informant/victim and misbehave with the victim. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail.

The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-Vth, Munger in connection with Asarganj P.S. Case No. 27 of 2019.

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