Anil Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21791 of 2017 Arising Out of PS.Case No. -96 Year- 2016 Thana -WARSALIGANJ District- NAWADA ======================================================

1. Anil Chaudhary Son of Ramotar Chaudhary, Resident of VillageBishunpur, P.S.- Pakribarawan, District- Nawada. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Birendra Kumar, Advocate For the Opposite Party/s : Mr. Ram Sumiran Roy, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 28-08-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Warsaliganj P.S.Case No. 96 of 2016 for the offences punishable under Sections 302 and 201/34 of the Indian penal Code. The accusation is that on 13.05.2016 at about 6.00 P.M., Satish Kumar, the son of the informant, went to attend the call of nature but he did not return and his dead body was found in Moong crop field in Village- Noorpur and the Gahchha was tied in his neck when Satish Kumar, the son of the informant was attending the call of nature, villagers Arjun Yadav, Jairam Yadav and others had seen Manoj Prasad, Pappu Mahto, Pramod Kumar, Rakesh Kumar residing of village- Mirchak near Satish Kumar. Learned counsel appearing on behalf of the petitioner

Patna High Court Cr.Misc. No.21791 of 2017 (3) dt.28-08-2017 2/2 submits that in course of investigation, the police recorded the statement of Arti Kumari, as detailed in paragraphs-40 of the case diary who disclosed that on the date of occurrence, she was seen with the deceased in objectionable position by her brothers Nagesh Choudhary and Ajay Choudhary and thereafter, her brothers asked her to go to the house and later on, she came to know that Satish Kumar was murdered. The petitioner is cousion of Arti Devi due to that reason mere on suspicion he is also implicated in this case. Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender within four weeks from today, be enlarged on bail on furnishing bail bond of Rs.

10,000/- (Rupees Ten thousand)with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate- II, Nawada in connection with Warsaliganj P.S.Case No. 96 of 2016, subject to the conditions laid down under Section 438 (2) Cr.P.C.