Pankaj Choudhary @ Tuntun Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.73797 of 2018 Arising Out of PS. Case No.-36 Year-2018 Thana- JAMHOR District- Aurangabad ====================================================== Pankaj Choudhary @ Tuntun Choudhary, Son of Bishunath Choudhary @ Bishwanath Choudhary, resident of Village- Mahathu, P.S.- Jamhore, DistrictAurangabad (Bihar). ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Bachan Jee Ojha For the Opposite Party/s :

Mr. Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 11-01-2019 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in Jamhore P. S. Case No. 36 of 2018 instituted for the offence under Section 304B/34 of the Indian Penal Code.

Petitioner is husband of the deceased.

In the written report, it is alleged that daughter of the informant was married with petitioner on 27.1.2018. It is further alleged that for non- fulfillment of demand of Rs. Three lacs his daughter has been killed by strangulation by petitioner and other family members and her dead body was hanging from

Patna High Court Cr.Misc. No.73797 of 2018(3) dt.11-01-2019 2/3 fan.

Case diary has been received in this case.

Learned counsel for petitioner submits that witnesses at paragraph nos. 10, 11 and 14 have stated that dead body was found inside the room hanging with fan and room was locked from inside. The persons entered into the room after making hole in the wall. Similar statement was given by the police in paragraph no.13 of the case diary, wherein, police has described the place of occurrence. The postmortem report is available at paragraph no.32 of the case diary, wherein, the doctor has stated the cause of death due to strangulation ( ligature mark of neck).

From the written report and the statement of the witnesses at paragraph nos. 10, 11 and 14 itself it appears that there is no allegation of specific overt act against this petitioner. The petitioner is in custody since 30.5.2018. Considering the aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of the C.J.M., Aurangabad, in connection with Jamhore P. S. Case No. 36 of 2018 subject to the condition that both the bailors shall be the close relative of the

Patna High Court Cr.Misc. No.73797 of 2018(3) dt.11-01-2019 3/3 petitioner.

(Sanjay Priya, J) shyambihari/- U T