Dhuri Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.76173 of 2018 Arising Out of PS. Case No.-36 Year-2018 Thana- SATHI District- West Champaran ====================================================== Dhuri Chaudhary S/o Late Jagi Chaudhary, resident of Village- Lachhnauta, P.S.- Sathi, District- West Champaran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bimlesh Kumar Pandey For the Opposite Party/s :
Mr. Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 19-12-2018 Heard learned counsel for petitioner and learned counsel for the State.
Petitioner, who is in custody, seeks bail in connection with Sathi P.S. Case No. 36 of 2018 registered for the offences punishable under Sections 304(B), 201/34 of the Indian Penal Code.
Informant has alleged that his daughter Prabha Devi was married to one Harishankar Chaudhari in the year 2017 and due to non-fulfillment of demand of dowry she has been killed.
It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been falsely implicated in this case on the basis of suspicion. Petitioner is father-in-law of deceased. There is no eye-witness to the occurrence. Similarly placed co-accused
Patna High Court Cr.Misc. No.76173 of 2018(2) dt.19-12-2018 2/2 has been granted bail by co-ordinate bench of this court in Cr. Misc. No. 38126 of 2018 vide order dated 09.07.2018. Petitioner has no criminal antecedent.
Considering the aforesaid fact and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Bettiah, West Champaran, in connection with Sathi P.S. Case No. 36 of 2018, subject to conditions:
(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by Court and his absence on two consecutive dates without sufficient reasons, his bail bond shall be cancelled by the court below.
(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (S. Kumar, J) Rajiv/- U T