Patna High CourtCR. MISC./15766/2024bail granted

Prakash Chauhan v. The State Of Bihar

2024-03-13Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15766 of 2024 Arising Out of PS. Case No.-371 Year-2023 Thana- NAWADA MUFFASIL District- Nawada ====================================================== Prakash Chauhan Son of Chhotan Chauhan Resident of village - Adhauna Beldari, Police Station - Muffasil, District - Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Raj Kishor Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 13-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Muffasil P.S Case No. 371 of 2023 registered for the offences punishable under Sections 304(B)/34 of the I.P.C.

3. As per prosecution case, it is a case of dowry death in which petitioner along with his family members have tortured mentally and physically to the deceased for non-fulfillment of demand of dowry.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. It is further submitted that petitioner is elder brother of husband

Patna High Court CR. MISC. No.15766 of 2024(2) dt.13-03-2024 2/2 of the deceased and the allegation against the petitioner is general and omnibus. It is also submitted that petitioner is in judicial custody since 04.11.2023.

5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.

6. On perusal of the FIR, impugned order, period of custody, postmortem report it appears cause of the death of the deceased is Asphyxia due to hanging and self chord and also considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioner, let the above named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Nawada in connection with Muffasil P.S Case No. 371 of 2023. (Ramesh Chand Malviya, J) Mayank/- U T