Shrawan Chaupal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12069 of 2022 Arising Out of PS. Case No.-282 Year-2019 Thana- BIRAUL District- Darbhanga ====================================================== Shrawan Chaupal S/O Bhokaran Chaupal Residnece Of Mohalla/ VillageHanuman Nagar Tole Ghoghsar, P.S.- Biraul, District- Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kedar Jha For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-01-2023 Heard learned counsel for the petitioner, informant and learned A.P.P appearing on behalf of the State.

The petitioner is languishing in custody since 31.08.2020 in a case registered for the offences punishable under Sections 302, 34 of the Indian Penal Code.

The prosecution case as per F.I.R is that the husband of the informant was called through mobile by the petitioner and one Awdhesh Singh in order to collect money for certain work performed by her husband. Thereafter, the husband of the informant went traceless.

Patna High Court CR. MISC. No.12069 of 2022(3) dt.03-01-2023 2/3 The dead body of the husband of the informant was recorded from a ditch filled with water and hyacinth. It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. There is no direct consistent evidence against the petitioner with respect to commission of murder of the husband of the informant. It is further submitted that version of the prosecution as well as the postmortem report are not in consonance with each other and only on suspicion the petitioner has been roped in the present case. Moreover, the petitioner is in custody since 31.08.2020.

In contra, learned counsel appearing on behalf of the informant as well as learned A.P.P for the State have vehemently opposed the prayer for bail of the petitioner and submitted that petitioner is involved in the commission of murder of the husband of the informant. Considering the facts aforesaid and the period under custody, let the petitioner, above named, be

Patna High Court CR. MISC. No.12069 of 2022(3) dt.03-01-2023 3/3 released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge, Benipur, Darbhanga in connection with Biraul P.S. Case No. 282 of 2019, arising out of Sessions Trial No. 142 of 2021.

(Sunil Kumar Panwar, J) Shageer/- U T