Madnakar Choudhary @ Munna Choudhary @ Madnakar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84026 of 2019 Arising Out of PS. Case No.-461 Year-2019 Thana- CHHATAUNI District- East Champaran ====================================================== Madnakar Choudhary @ Munna Choudhary @ Madnakar Kumar Son of Late Ramayodhya Choudhary, Resident of Mohalla - Subhash Nagar, P.S.- Chhatauni, Distt - East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ramakant Sharma, Sr. Adv.

Mr. Lakshmi Kanth Sharma, Adv.

Mr. Abhishek Shankar, Adv.

For the Opposite Party/s :

Mr.Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 22-01-2020 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner apprehends his arrest in connection with Chhatauni P.S. Case No. 461 of 2019 for the offence punishable under Section 304(B)/34 of the Indian Penal Code. The allegation is regarding the accused persons having killed the deceased victim lady on account of nonfulfillment of the demand for dowry. The learned Senior counsel for the petitioner has submitted that the petitioner is the elder brother of the husband of the deceased victim lady and the husband of the deceased victim lady is already in custody and if at all any one is having

Patna High Court CR. MISC. No.84026 of 2019(3) dt.22-01-2020 2/2 complicity in killing of the deceased victim lady, it is the husband and not the petitioner herein, since he is separate in mess. It is further submitted that the petitioner is having a clean antecedent.

Per contra, the learned counsel for the informant has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case and considering the submissions made by the learned counsel for the parties coupled with the fact that the petitioner is having a clean antecedent, I deem fit and proper to admit the petitioner to the privilege of anticipatory bail. Accordingly, in the event of arrest or surrender in the court below within a period of four weeks from today, the petitioners above named are directed to be released on anticipatory bail on furnishing bail- bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned C.J.M., East Champaran, Motihri in connection with Chhatauni P.S. Case No. 461 of 2019, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

(Mohit Kumar Shah, J) Tiwary/- U T