Nand Kumar Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.61496 of 2018 Arising Out of PS. Case No.-100 Year-2018 Thana- OBRA District- Aurangabad ====================================================== Nand Kumar Chaudhary S/o Late Ram Swaroop Chaudhary, Resident of Village-Mahabar, P.S.-Daudnagar, District-Aurangabad. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bhaskar Shankar For the Opposite Party/s :
Mr.Smt. Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 25-01-2019 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.
Petitioner is in custody in connection with Obra P.S. Case No. 100 of 2018 for the offence under section 302, 201 of the Indian Penal Code.
Learned counsel for the petitioner submits that petitioner is languishing in jail since 9.5.2018 only on the ground of confessional statement made before the police. He submits that confessional statement has no evidentiary value. Learned counsel for the State on the basis of case diary submits that there is love affairs between the petitioner and the victim and the petitioner took revenge by killing the victim as the victim came into contact with some other person. Considering the fact that petitioner is in custody since
Patna High Court Cr.Misc. No.61496 of 2018(5) dt.25-01-2019 2/2 9.5.2018, let the petitioner, named above, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Daudnagar, Aurangabad, in connection with Obra P.S. Case No. 100 of 2018 subject to the following conditions: (i) Bailors should be family members of the petitioner. (ii) The petitioner shall extend full cooperation in the early disposal of the case and in the event, he is found involved in the dilatory tactics, the trial court shall be at liberty to cancel the bail bonds of the petitioner.
(Anil Kumar Upadhyay, J) Ravi/- U T