Mohan Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23536 of 2021 Arising Out of PS. Case No.-256 Year-2020 Thana- KATEYA District- Gopalganj ====================================================== MOHAN CHAUHAN Son of Budhu Chauhan Resident of Village - Sidhawe, P.s.- Tarkulwa, District - Dewaria (U.P.).

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar Dubey, Advocate For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 17-11-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner seeks bail in connection with Kateya P.S. Case No. 256 of 2020 registered for the offences punishable under Sections 302/34 of the Indian Penal Code. The informant in her written report alleges that on false allegation of love affair between her son and Rambha Kumari, all the accused persons quarreled with her and her son and threatened to kill them. After that the informant sent her son to her sister's house. The informant further alleges that on 11.08.2020 accused persons called her another son, namely, Lakhi Chanda Chouhan to their house and committed the murder of her son and tried to burn the dead body of her son. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.23536 of 2021(3) dt.17-11-2021 2/3 petitioner is innocent and has committed no offence and he has falsely been implicated in the present case due to previous enmity between the parties. There is general and omnibus allegation against all the accused persons including the petitioner. Petitioner is in custody since 20.10.2020 having clean antecedent. It is further submitted that co-accused Manju Devi has been granted bail by a co-ordinate Bench of this court vide order dated 16.11.2021 passed in Cr. Misc. No. 22296 of 2021. The learned Additional Public Prosecutor opposed the prayer of bail.

Considering the aforesaid facts and circumstances as well as submissions of the parties, 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 Chief Judicial Magistrate, Gopalganj in connection with Kateya P.S. Case No. 256 of 2020, subject to the following conditions:-

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail

Patna High Court CR. MISC. No.23536 of 2021(3) dt.17-11-2021 3/3 bond shall be cancelled by the Court below.

2. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Rajesh Kumar Verma, J) shahzad/- U T