Patna High Court - Orders
Zalim Chaudhary @ Shree Kishun ... vs The State Of Bihar on 9 March, 2022
Author: Satyavrat Verma
Bench: Satyavrat Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59410 of 2021
Arising Out of PS. Case No.-26 Year-2020 Thana- GOBARDHANA District- West
Champaran
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ZALIM CHAUDHARY @ SHREE KISHUN CHAUDHARY S/o LATE
BHIKHI CHAUDHARY R/o PATHRI, P.S-GOBERDHANA, DISTRICT-
WEST CHAMPARAN.
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Bimlesh Kumar Pandey, Advocate
For the Informant : Mrs. Prerna Anand, Advocate
For the Opposite Party/s : Mr. Anand Mohan Prasad Mehta, A.P.P.
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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 09-03-2022Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P. for the State.
Let the defect(s), if any, be removed within a period of four weeks after complete start of the physical Court.
The petitioner seeks regular bail in connection with Goberdhana P.S. Case No. 26 of 2020 instituted for the offences under Sections 302 and 201/34 of the Indian Penal Code.
Learned counsel for the petitioner submits that police after investigation submitted charge-sheet under Sections 302, 304(B) and 201/34 of the Indian Penal Code.
Learned counsel for the petitioner further submits that the petitioner is in custody since 07.03.2021, is a person with clean antecedent and charge-sheet has been submitted. Patna High Court CR. MISC. No.59410 of 2021(2) dt.09-03-2022 2/3 The informant alleges that his sister (deceased) was married to Pappu Kumar three years back and he was having illicit relation with his Bhabhi and the same was objected by the deceased on which she was assaulted by accused persons. On 09.07.2020 informant came to know that his sister has been killed by the accused persons including the petitioner, thus, he reached the place of occurrence and found his sister dead.
Learned counsel for the petitioner submits that from perusal of the allegation as alleged in the FIR it would manifest that as far as allegation of assault is concerned, the same is general and omnibus in nature. There is no allegation of demand of dowry and the petitioner is the father-in-law of the deceased and is separate in mess and property from his son (Pappu Kumar). Learned counsel further submits that husband of the deceased is in custody.
Learned A.P.P. and learned counsel for the informant opposes the bail application and submits that there is allegation in the FIR with regard to participation of the petitioner along with other co-accused person in killing the deceased.
Considering the fact that the petitioner is in custody, is a person with clean antecedent, charge-sheet has been submitted, the petitioner is the father-in-law of the deceased and Patna High Court CR. MISC. No.59410 of 2021(2) dt.09-03-2022 3/3 the husband of the deceased is in custody, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-II, Bagaha, West Champaran in connection with Goberdhana P.S. Case No. 26 of 2020.
(Satyavrat Verma, J) Kundan/-
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