Gorelal Chauhan v. The State Of Bihar

Patna High Court Cr.Misc. No.64474 of 2018 (2) dt.26-10-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.64474 of 2018 ======================================================

1. Gorelal Chauhan, Son of Bhattu Chauhan, Resident of Village- Zorawar Bigha, PS- Nardiganj, District- Nawada.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Amrendra Nath Tiwary, Adv. For the Opposite Party/s : Mr. Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 26-10-2018 The petitioner seeks regular bail in connection with Narhat P.S. Case No. 3 of 2017, registered for offences punishable under Sections 366, 376, 302, 120B, 201/34 of the Indian Penal Code.

Allegation as per F.I.R is that son of the petitioner, namely, Suraj Chauhan, took the daughter of the informant at brick kiln committed rape with her and killed her. It has been submitted on behalf of the petitioner that no allegation has been attributed to the petitioner and he has falsey been made accused in this case because he happens to be the father of the co-accused Suraj Chauhan. Moreover, the co-accused Suraj Chauhan has already been enlarged on bail by a coordinate Bench of this Court vide order dated 05.01.2018 passed in Cr. Misc. No. 57296 of 2017 and petitioner has been in judicial custody since

Patna High Court Cr.Misc. No.64474 of 2018 (2) dt.26-10-2018 27.06.2018.

Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thusand) with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge, Nawada in connection with Narhat P.S. Case No. 3 of 2017, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) sunil/- U T