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Patna High CourtCR. MISC./39344/2021allowed

Asha Chouhan @ Pawan @ Pawan Chauhan v. The State Of Bihar

2022-07-21Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39344 of 2021 Arising Out of PS. Case No.-236 Year-2018 Thana- CHAND District- Kaimur (Bhabua) ====================================================== Asha Chouhan @ Pawan @ Pawan Chauhan Son Of Nathuni Chauhan Resident Of Villag- Chanda, P.S.- Chand, District- Kaimur At Bhabua. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajani Kant Pandey For the Opposite Party/s :

Mr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-07-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 302/201/34 of the Indian Penal Code.

Petitioner is said to have committed murder of the brother of the informant.

It is submitted by learned counsel for the petitioner that petitioner is innocent and has been falsely implicated in this case. He submits that the police after investigation filed final form against the petitioner but the

Patna High Court CR. MISC. No.39344 of 2021(3) dt.21-07-2022 2/3 learned court below taken cognizance against him on the basis of case diary. He submits that the similarly situated co-accused has already been granted bail by a Bench of this Court vide order dated 15.06.2022 passed in Cr. Misc. No. 37162 of 2021. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application.

Learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances of the case as well as the fact that the police has filed the final form against the petitioner, the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Chand P.S. Case No. 236 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) devendra/- U T

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