Angad Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59156 of 2017 Arising Out of PS.Case No. -9 Year- 2017 Thana -MAHNAR District- VAISHALI(HAJIPUR) ====================================================== Angad Chaudhary, S/o Sri Ghuran Chaudhary, Resident of Village- Rup Natain Karnouti, P.S.- Mahnar, District- Vaishali. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Satya Prakash Sinha, Advocate For the Opposite Party/s : Mr. Umeshnand Pandit, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 03-01-2018 Heard learned counsel for the petitioner and the learned APP for the State.

This is the second round of litigation. Earlier the bail application of the petitioner was rejected by order dated 10.10.2017 passed in Cr. Misc. No. 36440 of 2017. Petitioner is languishing in judicial custody since 04.03.2017 in connection with Sessions Trial No. 401 of 2017 arising out of Mahnar P.S. Case No. 09 of 2017 registered for offences punishable under Sections 304B, 201/34 of the Indian Penal Code. The prosecution case, as lodged by the informant, is that his daughter Krishna Kumari was married to the petitioner six years back and due to non-fulfilment of demand of dowry, she was

Patna High Court Cr.Misc. No.59156 of 2017 (3) dt.03-01-2018 2/3 tortured and killed by her husband and in-laws. It has been submitted by the learned counsel for the petitioner that he is innocent and that he was working in Ludhiana and there was slight altercation between the husband and the wife and the wife used to insist for being taken to Ludhiana and out of anger, she consumed poison. He submits that the deceased was suffering from diarrhoea and prescription of Bhawani Seva Sadan has been referred, which is annexed as Annexure-3 to this application. He submits that charges have been framed and the petitioner undertakes to cooperate in the trial on day to day basis. However, learned APP for the State opposes the prayer for bail stating therein that the petitioner is the husband.

Considering the facts and circumstances and the materials on record, let petitioner, above named, 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 learned A.D.J. - V, Vaishali at Hajipur in connection with Sessions Trial No. 401 of 2017, arising out of Mahnar P.S. Case No.

(1) Both the bailors would be a close relative of the petitioner having

Patna High Court Cr.Misc. No.59156 of 2017 (3) dt.03-01-2018 3/3 sufficient immovable property, who will file an affidavit stating their relationship with the petitioner.

(2) The petitioner will appear before the learned Court below during trial as and when required and failure to appear on two consecutive dates without assigning any reason will entail cancellation of his bail bonds.

(Nilu Agrawal, J.) Arjun/- U T