Patna High CourtCR. MISC./45741/2017bail granted

Prabhu Chouhan @ Jauhan v. The State Of Bihar

2017-09-20Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45741 of 2017 Arising Out of PS.Case No. -75 Year- 2017 Thana -BARARI District- KATIHAR ====================================================== Prabhu Chouhan @ Jauhan Son of Manik Chouhan, R/o VillageBaghwabari, P.S.- Nagar (Katihar), District- Katihar. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Suresh Prasad Sah @ Baranwal For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 20-09-2017 Heard the learned counsel for the petitioner. The petitioner seeks regular bail in connection with Barari P.S. Case No. 75 of 2017 for the offences punishable under Section 302/34 of the Indian Penal Code.

The allegation in the FIR is with regard to co-accused Jagdish Chauhan assaulting the wife of the informant on her chest with the help of one Sikandar Chauhan. Further no specific allegation has been levelled against the petitioner herein. The learned counsel for the petitioner submits that as far as the petitioner is concerned, there is no specific allegation of overt act and the allegation whatsoever is against Jagdish Chauhan and one Sikandar Chauhan who are the co-accused in the present case. The learned counsel for the petitioner further submits that the

Patna High Court Cr.Misc. No.45741 of 2017 (2) dt.20-09-2017 2/2 accused persons, namely, Mithun Yadav, Savin Yadav and Rita Devi have been granted anticipatory bail by this Court vide order dated 25.07.2017 passed in Cr. Misc. No. 33460 of 2017. It is also stated that the petitioner has no criminal antecedent. Having regard to the facts and circumstances of the case, the petitioner, above named, is directed to be enlarged on regular bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-V, Katihar in connection with Barari P.S. Case No. 75 of 2017.

(Mohit Kumar Shah, J) BTiwary/- U T