Shiv Kumar Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49044 of 2017 Arising Out of PS.Case No. -167 Year- 2017 Thana -ISLAMPUR District- NALANDA (BIHARSHARIFF) ======================================================

1. Shiv Kumar Chaudhary son of Basudeo Chaudhary, resident of VillageAshrafpur, P.S. Islampur, District Nalanda. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sada Nand Roy For the Opposite Party/s : Mr. Sri Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 17-10-2017 Heard the learned counsel for the petitioner, the learned A.P.P. and the learned counsel for the informant. The petitioner apprehends his arrest in Islampur P.S. case No. 167 of 2017 for the offences punishable under Section 304B, 201/34 of the Indian Penal Code.

The informant alleged that he married his daughter with Kaleshwar Choudhary in the year 2016 but after some time of the marriage husband of his daughter and other in-laws began to torture his daughter. On 26.05.2017 his daughter informed that her husband and other in-laws were assaulting her and when the informant went there he came to know that his daughter was killed and her dead body was disposed of.

The learned counsel for the petitioner submits that petitioner is co-villager of the husband of deceased. The petitioner has no manner of concern with the family affairs of deceased and her husband. The only allegation against the petitioner is that

Patna High Court Cr.Misc. No.49044 of 2017 (2) dt.17-10-2017 2/2 petitioner helped the husband and other family members of deceased in concealing or disposing of the dead body. On the other hand the learned A.P.P. and the learned counsel for the informant submitted that petitioner, being covillager, helped the husband and other in-laws of the deceased in disposing of the dead body.

Considering the facts aforesaid and the nature of allegation made against the petitioner and the fact that petitioner is nowhere related to the family of the husband of the deceased and he is a co-villager, the petitioner above named in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt/ production of a copy of this order is directed to be enlarged 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 Additional Chief Judicial Magistrate-III, Hilsa, Nalanda in connection with Islampur P.S. case No. 167 of 2017, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) BKS/- U T