Patna High CourtCR. MISC./80021/2023bail granted

Vijay Choudhary v. The State Of Bihar

2024-02-29Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 80021 of 2023 Arising Out of PS. Case No.-283 Year-2023 Thana- SHERGHATI District- Gaya ====================================================== VIJAY CHOUDHARY S/o Mr. Lalan Choudhary R/o Mohalla- Naya Bazar Sherghati, P.S.- Sherghati, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr Ajay Kumar Thakur, Ms Vaishnavi Singh, Advocates For the Opposite Party/s :

Mr Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 29-02-2024 Heard learned counsel appearing on behalf of the parties.

2 The petitioner seeks bail in connection with Sherghati PS Case No 283 of 2023 dated 17.03.2023 registered for the offence punishable under Sections 302/34 of the IPC. 3 Perused the First Information Report, charge sheet, post mortem report and the case diary. It appears that FIR has been registered under Sections 302/34 of IPC on the basis of written report of the informant Ravi Kumar Choudhary against five accused persons including the petitioner. Allegation against the petitioner is of demand of dowry and due to non-fulfillment of the same, torturing the deceased Madhu Devi. 4 Learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.80021 of 2023(3) dt.29-02-2024 2/2 after concluding the investigation, the Investigating Officer found the case true under Section 306 of IPC. In the entire case diary, no witness has stated about demand of dowry or any abetment for committing suicide. Petitioner has surrendered in the Court below, as mentioned in paragraph 104 of case diary and is in custody since 20.07.2023.

5 Learned APP has opposed the prayer for bail. 6 Considering the facts and circumstances and submissions made on behalf of the petitioner, let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of ACJM I, Gaya in Sherghati PS Case No 283 of 2023.

(Ramesh Chand Malviya, J) M.E.H./- U T