Barhamdeo Chauhan v. The State Of Bihar

Patna High Court Cr.Misc. No.15730 of 2017 (2) dt.27-04-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15730 of 2017 Arising Out of PS.Case No. -33 Year- 2016 Thana -JAYRAMPUR District- SEKHPURA ====================================================== Barhamdeo Chauhan, Son of Late Gokul Chauhan, resident of village - Kalyanpur, Police Station - Jairampur, District - Sheikhpura .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar Singh, Advocate. For the Opposite Party/s : Mr. Aditya Narayan Singh 1, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 27-04-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Jairampur P.S. Case No. 33 of 2016 instituted for the offence under Sections 498(A), 341, 323, 504/34 and 325 of the Indian Penal Code. It has been submitted that the instant case is a counter blast of Jairampur P.S. Case No.34 of 2016 lodged by this petitioner against the informant for the offence under Sections 341, 323, 325 of the Indian Penal Code. It has further been submitted that in the instant case besides offence under Section 498-A of the Indian Penal Code, the other Sections are bailable. The husband is not made accused in this case.

From the written report it appears that there is allegation against the petitioner of assaulting the informant and the villager Nageshwar Kumar. The Sessions Judge has mentioned about the

Patna High Court Cr.Misc. No.15730 of 2017 (2) dt.27-04-2017 injuries sustained by the informant and Nageshwar Kumar which shows that none of the injuries is on any vital part of the body. Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Jairampur P.S. Case No. 33 of 2016, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Sheikhpura, subject to the conditions as laid down under Section 438

(2) Cr. P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J) S.Ali/- U T