Dukha Chaupal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1968 of 2018 Arising Out of PS.Case No. -307 Year- 2013 Thana -GHANSHYAMPUR District- DARBHANGA ====================================================== Dukha Chaupal, Son of Late Darshan Chaupal, Resident of VillageKhatal, P.S.- Ghanshyampur, District- Darbhanga. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Pankaj Kumar Jha, Advocate. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 12-01-2018 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 26.04.2017 in connection with Sessions Trial No. 344 of 2017 arising out of Ghanshyampur P.S. Case No. 307 of 2013 corresponding to G.R. No. 1243 of 2013 for the offences alleged under Sections 147, 148, 149, 323, 325, 324, 307, 302 and 504 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated in connection with alleged assault on the husband of the informant. It is submitted that in any event the accusations of assault is general and omnibus in nature against the petitioner and other co-accused persons, one of whom Chhathu Chaupal has been granted bail by this Court in Cr. Misc. No. 5942 of 2015. Other coaccused persons namely Karo Devi, Kaliya Devi, Indra Devi, Runiya

Devi and Kusheshwar Chaupal have also been granted anticipatory bail in Cr. Misc. No. 15266 of 2014 and Cr. Misc. No. 31255 of 2014 respectively.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned 2nd Additional Sessions Judge, Benipur, Darbhanga, in connection with Sessions Trial No. 344 of 2017 arising out of Ghanshyampur P.S. Case No. 307 of 2013 corresponding to G.R. No. 1243 of 2013, on the following conditions:- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(iv) The petitioner shall cooperate with the investigation, if not already concluded, and make himself available

as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(Vikash Jain, J) Md. Ibrarul/- U T