← Library
Patna High CourtCR. MISC./30548/2023allowed

Dharmendra Chauhan @ Dharmendra Chawhan v. The State Of Bihar

2023-06-13Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30548 of 2023 Arising Out of PS. Case No.-553 Year-2022 Thana- BHORE District- Gopalganj ====================================================== Dharmendra Chauhan @ Dharmendra Chawhan Son Of Ramanand Chawhan Resident Of Maharadeur, Ps- Bhorey, Distt- Gopalganj ... ... Petitioner/S

Versus

The State Of Bihar ... ... Opposite Party/S ====================================================== Appearance :

For the Petitioner/s :

Mr. Mukesh Kumar Singh, advocate For the Opposite Party/s :

Mr. Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 13-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks regular bail in connection with Bhoerey P.S. Case No. 553 of 2022, registered for the offences punishable under Sections 302/34 of the Indian Penal Code. As per the prosecution case, all the FIR named accused persons including this petitioner have committed the murder of the informant's daughter by pressing her neck. Learned counsel for the petitioner submits that the petitioner has been made accused only on the basis of suspicion in this case by the informant. However, the informant filed a separate appplication before the "learned Court below" stating that due to mental imbalance he has taken the name of the petitioner who has no involvement in this alleged crime. It is

Patna High Court CR. MISC. No.30548 of 2023(2) dt.13-06-2023 2/2 further submitted that the informant is not the eye witness of the alleged occurrence. Petitioner has no criminal antecedent and he is in jail custody since 25.01.2023. The charge-sheet has already been submitted and there is no chance of absconding of the petitioner or tampering with evidence in this case. Learned APP for the State has opposed the prayer for regular bail of the petitioner.

Considering the facts and circumstances of the case let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Learned C.J.M., Gopalganj in connection with Bhorey P.S. Case No. 553 of 2022.

(Sunil Dutta Mishra, J) Ashutosh/- U T