Yogendra Chaudhary @ Jogendra Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73496 of 2019 Arising Out of PS. Case No.-9 Year-2019 Thana- ALIPUR District- Gaya ====================================================== YOGENDRA CHAUDHARY @ JOGENDRA CHAUDHARY, (Male) aged about 40 years, Son of Late Nanhak Chaudhary, Resident of Village - Dhira Bigha, P.S.- Alipur, Distt - Gaya.
... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr.Manish Kumar No. 2, Advocate.
For the Opposite Party :
Mr.Akshay Lal Pandit, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-11-2019 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner seeks bail in a case for the offence registered under Sections 341, 323, 328 and 302 of the IPC. The prosecution story, in brief, is that the sister of the informant, namely, Manki Devi @ Janki Devi was married to the petitioner about 15 years ago and right since the marriage she was subjected to physical and verbal abuse by him. It is alleged that on the date of occurrence, the nephew of the informant called him and informed that the petitioner had physically assaulted the deceased after which she lost
Patna High Court CR. MISC. No.73496 of 2019(2) dt.27-11-2019 2/3 consciousness. When the informant reached there the deceased was lying on the bed with froth oozing out from her mouth. The informant was told by the villagers that the petitioner was continuously beating her and shouting that he would kill her by forcing her to consume poison. When the informant called up the police the petitioner escaped.
It has been submitted by learned counsel for the petitioner that the petitioner is languishing in custody since 05.03.2019. The petitioner has got no criminal antecedent. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. There is no eye witness to the alleged occurrence. The occurrence is said to have taken place after 15 years of the marriage. There is no motive alleged against the petitioner. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-II, Gaya, in connection with Alipur
Patna High Court CR. MISC. No.73496 of 2019(2) dt.27-11-2019 3/3 P.S. Case No. 09 of 2019.
(Sudhir Singh, J) U.K./- U T