Chandan Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2404 of 2019 Arising Out of PS. Case No.-42 Year-2018 Thana- BARH District- Patna ====================================================== Chandan Chauhan son of Muneshwar Chauhan, Resident of Village-Saidpur, Laxminiya Tola, P.s.- Barha, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Adv.

:

Mr. Pravin Kumar, Adv.

Mr. Malay Kumar Choudhary, Adv.

Miss. Swati Sinha, Adv.

For the Opposite Party/s :

Mr. Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 02-04-2019 Heard learned counsel for the petitioner, learned counsel for informant and the learned APP for the State. The petitioner seeks bail in connection with Barh P.S. Case No. 42 of 2018 instituted for the offence under Section(s) 304-B of the Indian Penal Code.

Learned counsel for petitioner has submitted that there is no any allegation of specific overt act against this petitioner. The witnesses in paragraph nos. 11 and 40 of the case diary have stated that sister-in-law of informant has consumed poison. Learned counsel for petitioner has further submitted that in the inquest report as well as in the postmortem report no external or internal injury was found on the person of

Patna High Court CR. MISC. No.2404 of 2019(5) dt.02-04-2019 2/3 the deceased. The doctor has preserved visceras and opinion for death has been kept reserved.

In the written report, it is alleged that daughter of informant was married with this petitioner in the year 2016. She was tortured in her Sasural. It is further alleged that information was given to the informant on phone by the mother-in-law that she has been assaulted by her husband. Learned APP, after looking into the case diary, has submitted that there is no allegation of specific overt act against this petitioner of committing assault or demanding dowry. Independent witnesses in paragraph nos. 11 and 40 of the case diary have stated that sister-in-law of the informant has consumed poison.

Learned counsel for the informant has appeared and opposed the prayer for bail. He submits that sister-in-law of the informant died within two years of the marriage. Considering the aforesaid, let the petitioner, above named, be released on 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 Additional Chief Judicial Magistrate, Barh in connection with Barh P.S. Case No. 42 of 2018 subject to the condition that both the bailors shall be the

Patna High Court CR. MISC. No.2404 of 2019(5) dt.02-04-2019 3/3 close relative of the petitioner.

(Sanjay Priya, J) shyambihari/mu keshU T