Patna High CourtCR. MISC./59859/2019bail granted

Rakesh Choudhary v. The State Of Bihar

2019-10-23Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59859 of 2019 Arising Out of PS. Case No.-76 Year-2019 Thana- DAWATH District- Rohtas ====================================================== RAKESH CHOUDHARY, agwed about 35 years, Gender-Male, Son of Vishwanath Choudhary, Resident of Village-Bahuara, P.S.-Dawath, DistrictRohtas. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Abhinay Raj, Advocate.

For the Opposite Party :

Mr.Jagdhar Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-10-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case for the offence registered under Sections 302, 201/34 of the IPC and 3⁄4 of the D.P. Act.

The prosecution story, in brief, is that the petitioner and other accused persons killed the sister of the informant due to non-fulfilment of demand of dowry.

It has been submitted by learned counsel for the petitioner that the petitioner is languishing in custody since 12.05.2019. The petitioner has got no criminal antecedent. The petitioner has falsely been implicated in the present case. Charge sheet has been submitted in the present case. There is no

Patna High Court CR. MISC. No.59859 of 2019(2) dt.23-10-2019 2/2 allegation of tampering with the witnesses alleged against the petitioner. An affidavit has been filed by the informant in the learned court below where he has retracted from his earlier statement made in the F.I.R. The said affidavit filed by the informant in the learned court below is Annexure-2 to the present application.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Bikramganj, Rohtas, in connection with Dawath P.S. Case No. 76 of 2019.

(Sudhir Singh, J) U.K./- U T