Patna High CourtCR. MISC./57164/2015bail granted

Alakh Chauhan v. The State Of Bihar

2016-02-29Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57164 of 2015 Arising Out of PS.Case No. -35 Year- 2014 Thana -BHADAUR District- PATNA ======================================================

1. Alakh Chauhan son of Late Chauhan, resident of Village Chhaprapur Basti, P.S.- Udwant Nagar, District- Bhojpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raj Kumar For the Opposite Party/s : Mr. S. Eheteshmuddin (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 29-02-2016 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Bhadaur Police Station Case No. 35 of 2014, disclosing offences under Section 306 of the Indian Penal Code.

The petitioner is the husband of the deceased. Learned Counsel for the petitioner, referring to the First Information Report, submits that admittedly, the deceased died at her parent's place. The only allegation against the petitioner is that before the death of the deceased, she had talked on phone with her husband, the petitioner, and thereafter, she is said to have consumed

Patna High Court Cr.Misc. No.57164 of 2015 (3) dt.29-02-2016 2/2 poison as the petitioner had, on phone, asked her to do so. Considering the background in which the case has been instituted, this application is allowed. Let the petitioner, Alakh Chauhan, in the event of his arrest or surrender before the Court below within six weeks, 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 learned Judicial Magistrate-I, Barh, Patna, in connection with Bhadaur Police Station Case No. 35 of 2014, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

Prabhakar Anand/- (Chakradhari Sharan Singh, J.) U √ T √