Amit Chaudhary @ Nawnit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14366 of 2018 Arising Out of PS.Case No. -54 Year- 2017 Thana -BALIGAON District- VAISHALI(HAJIPUR) ======================================================

1. Amit Chaudhary @ Nawnit Kumar S/o Mahendra Choudhary, R/o village- Chiknauta, P.S.- Baligaon, District- Vaishali. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sunil Kumar Singh For the Opposite Party/s : Mr. Smt Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-04-2018 Heard the parties.

The petitioner is apprehending his arrest in connection with Baligaon P.S.Case no.54 of 2017 , registered for offences punishable under Sections 341, 323, 328, 302/34 of the Indian Penal Code.

Allegation against the petitioner as per FIR is that the deceased had love affair with the brother of the petitioner and she came to his house where she was assaulted by the petitioner and others thereafter she returned and consumed some poisonous substance and became senseless and she was taken to the hospital where she died.

Submission of the learned counsel for the petitioner is that allegation against the petitioner is that he has assaulted the deceased along with others and thereafter she has committed suicide and another co-accused having similar allegation has

Patna High Court Cr.Misc. No.14366 of 2018 (3) dt.23-04-2018 2/2 already been granted privilege of anticipatory bail, vide order dated 11.4.2018 passed in Cr. Misc. No.14115 of 2018. Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. XII, Vaishaliat Hajipur in connection with Baligaon P.S.Case No.54 of 2017 subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the investigation of the case and make himself available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of his bail bond. With the aforesaid direction, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T