Prakash Chaudhary vs State Of Bihar on 30 June, 2010

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                      Cr.Misc. No.6388 of 2010
                   PRAKASH CHAUDHARY, Son of Ramehwar Chaudhary, resident
                   of Village- Singhauli, P.S. Neemchak Bathani, District-Gaya...Petitioner.
                                                    Versus
                   THE STATE OF BIHAR.............................................Opposite Party.
                                                  -----------

5. 30.06.2010. Heard learned counsel for the petioner

and the State.

The petitioner being the husband of the

victim is languishing in jail since

19.11.2009 in a case registered under

Sections 306,201/34 of the Indian Penal Code.

The case of the prosecution is that the

marriage was performed 20 years ago and the

victim was tortured and due to torture she

consumed poison and also administered poison

to the children.

Though from the impugned order, it

appears that the victim has some fractured

injury also but the learned counsel for the

State after going through the case diary

submits that there is no evidence to the

effect that the petitioner assaulted the

victim.

Considering the fact that the case has

been instituted under Section 306 of the

Indian Penal code and the victim was married

20 years prior to the occurrence, let the

petitioner, Prakash Chaudhary, be released on
2

bail on furnishing bail bond of Rs. 10,000/-

(Ten Thousand) with two sureties of the like

amount each to the satisfaction of the

learned C.J.M., Gaya, in connection with

Neemchak Bathani P.S. Case No. 35 of 2008.

U.K.                                   (Dinesh Kumar Singh,J)