Chandan Bharti @ Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85167 of 2023 Arising Out of PS. Case No.-37 Year-2023 Thana- MAIGRA District- Gaya ====================================================== Chandan Bharti @ Chandan Kumar SON OF Santan Bhuiyan VillagePanchhanda PS- Dumariya (Maigra) Dist- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Mahendra Thakur, Advocate For the State :

Mr. Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-03-2024 Heard learned counsel for the petitioner and learned APP for the State and perused the case diary.

2.

The petitioner seeks bail in connection with Maigra P.S. Case No. 37 of 2023 instituted for the offence under Sections 498(A) & 306 of the Indian Penal Code. 3.

Prosecution case in a nutshell is that daughter of the informant along with her three children hanged themselves due to which they died. It is further alleged that the petitioner used to torture the daughter of the informant as a result she died. 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 29-04-2023. Petitioner is

Patna High Court CR. MISC. No.85167 of 2023(3) dt.19-03-2024 2/3 stated to be man of clean antecedent.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case on the basis of suspicion since petitioner is husband of the deceased. Referring to the impugned order, it is submitted that death of the daughter of the informant is due to hanging and death of children has caused due to strangulation. Postmortem report also reveals that death of the daughter of the informant is due to hanging and death of children has caused due to strangulation. It is lastly submitted that charge sheet has been submitted in this case under Section 498(A) and 306 of the IPC. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, clean antecedent of the petitioner and charge sheet being submitted u/S 498A and 306 of the IPC, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner 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 Court below/concerned Court in connection with Maigra

Patna High Court CR. MISC. No.85167 of 2023(3) dt.19-03-2024 3/3 P.S. Case No. 37 of 2023.

(Rudra Prakash Mishra, J) Raj Kishore/- U T