Bhabheshan Choudhary @ Bhibhisan Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80014 of 2023 Arising Out of PS. Case No.-384 Year-2023 Thana- BARACHATTI District- Gaya ====================================================== Bhabheshan Choudhary @ Bhibhisan Choudhary, Male, aged about 30 years, Son of Munna Choudhary, Resident of Village - Hariharpur, P.S. - Bodh Gaya, District - Gaya.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Y.C. Verma, Sr. Advocate and Mr. Ashok Kumar, Advocate For the Opposite Party :

Mr. Anant Kumar 1, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 08-05-2024 This matter has been listed under the heading 'For orders (on office notes)'.

2. Heard learned senior counsel for the petitioner and learned A.P.P. for the State.

3. The petitioner seeks bail in connection with Barachatti (Mohanpur) P.S. Case No. 384 of 2023 dated 22.04.2023 registered for the offences punishable under Sections 328 and 304B/34 of the I.P.C.

4. As per the prosecution case, the petitioner and the co-accused are alleged to have murdered the daughter of the informant due to non-fulfilment of demand of dowry.

5. Learned senior counsel for the petitioner has

Patna High Court CR. MISC. No.80014 of 2023(5) dt.08-05-2024 2/2 submitted that the petitioner is innocent and has falsely been implicated in this case. It is submitted that the petitioner has not tortured the informant's daughter. The petitioner is the brotherin-law (Nandoshi) of the deceased. He has no concern with the alleged offence. The petitioner is separate in mess and property from the husband of the deceased. The petitioner has clean antecedent as stated in paragraph no. 3 of the bail petition. He is in custody in this case since 27.07.2023.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-II, Sherghati, Gaya, in connection with Barachatti (Mohanpur) P.S. Case No. 384 of 2023.

8. The application stands allowed.

(Chandra Prakash Singh, J) U.K./- U T