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Patna High CourtCR. MISC./15816/2021bail granted

Bachchu Chauhan v. The State Of Bihar

2021-07-07Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15816 of 2021 Arising Out of PS. Case No.-73 Year-2018 Thana- SIGAUDI District- Patna ====================================================== Bachchu Chauhan S/O Sri Raj Kumar Chauhan R/O Village Soman Bigha P.S. Sigori, District-Patna ... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Sunil Kumar Pathak, Advocate For the Opposite Party :

Mr. Anand Mohan Prasad Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 07-07-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State via video conferencing.

The petitioner has renewed his prayer for bail in connection with Sigori P.S. Case No. 73 of 2018 registered for the offences punishable under Sections 304-B and 201/34 of the Indian Penal Code. His prayer for bail was rejected by this Court vide order dated 20.11.2019.

Learned counsel for the petitioner submitted that though the victim died in other than natural circumstance within seven years of her marriage, the death was not homicidal rather the same was suicidal. He submitted that after institution of the case, the petitioner voluntarily surrendered before the Court on 7.12.2018 and, thereafter, on completion of investigation,

Patna High Court CR. MISC. No.15816 of 2021(2) dt.07-07-2021 2/2 though the police submitted charge-sheet on 20.12.2018, the case was committed to the court of sessions on 12.04.2019, the charges were framed on 04.07.2019 and the trial court issued summons to the prosecution witnesses on 24.07.2019, till date no witness has been examined on behalf of the prosecution. Learned Additional Public Prosecutor for the State has opposed the application for grant of bail to the petitioner. Considering the totality of the circumstances, specially the period of over two years undergone by the petitioner in custody and the unlikelihood of completion of trial in near future, he is directed to 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 learned Additional Sessions Judge-VII, Banapur. in connection with Sigori P.S. Case No. 73 of 2018.

(Ashwani Kumar Singh, J) kanchan/- U T