Arun Chaupal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7459 of 2019 Arising Out of PS. Case No.-87 Year-2015 Thana- BISFI District- Madhubani ====================================================== ARUN CHAUPAL Late Mahendra Chaupal Resident of Village-Nahas Rupauli, P.S.-Bisfi, District-Madhubani ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shashank Shekhar For the Opposite Party/s :

Mr.Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 06-03-2019 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Bisfi (Patauna) P.S. Case No. 87 of 2015 arising out of Complaint Case No. 302 of 2015 registered for the offence punishable under Sections 304(B), 498(A), 120(B) of the Indian Penal Code.

Allegation against petitioner is of killing the daughter of informant due to non-fulfillment of demand of dowry.

It has been submitted on behalf of the petitioner that earlier an U.D. case was registered and thereafter present case has been lodged after one

Patna High Court CR. MISC. No.7459 of 2019(3) dt.06-03-2019 2/3 month 11 days. It has been further submitted that at the time of occurrence petitioner was at Gurugram. It has been further submitted that other co-accused, namely, Samola Devi has been granted bail by this Hon'ble Court as contained in Annexure-3 and other co-accused, namely, Birendra Chaupal @ Birendra Kumar Chaupal has been granted bail as contained in Annexure4. Petitioner has no criminal antecedent and he is in custody since 12.10.2017.

Considering the aforesaid facts 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 Addl. Sessions Judge VI, Madhubani, in connection with Bisfi (Patauna) P.S. Case No. 87 of 2015 arising out of Complaint Case No. 302 of 2015 subject to the conditions that:-

(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 present on each and every date fixed by the court and his absence on two consecutive dates without proper and

Patna High Court CR. MISC. No.7459 of 2019(3) dt.06-03-2019 3/3 sufficient reason the trial court will be at liberty to cancel his bail bond.

(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) veena/- U T