Ramakant Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39854 of 2021 Arising Out of PS. Case No.-98 Year-2020 Thana- MAIRWAN District- Siwan ====================================================== RAMAKANT CHAUHAN S/o- Jagroshan Chauhan R/o- Village - Nimiya Tola (Nawaka Tola), P.S. Mairwa, District - Siwan. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Prabhakar Singh, Adv.

For the Opposite Party/s :

Mr. Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 20-01-2022 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 302, 201 and 34 of the Indian Penal Code.

As per the prosecution case, the daughter of the informant who was married to the son of the petitioner herein gave birth to a son who did not survive and thereafter she gave birth to three daughters. It is stated that she was tortured by her mother-in-law, husband and two sisters-in-law and ultimately done to death.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and has been falsely implicated in the case. He happens to be the father-in-law of the deceased. So far as the F.I.R. is concerned, there is no allegations against him.

Patna High Court CR. MISC. No.39854 of 2021(2) dt.20-01-2022 2/2 Referring to the order of the learned trial court, it is submitted that Court in its order has dealt with the material that has transpired in course of investigation. From perusal of the same, it would transpire that in paragraph nos.2, 14, 15 and 16 of the case diary, general and omnibus allegations have been levelled against all the accused persons. The petitioner is in custody since 26.11.2020 and has no criminal antecedent. Chargesheet has been submitted in the case.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case, there being no allegation against this petitioner in the F.I.R. and the order of the learned trial court together with the petitioner having remained in custody for over 1 year, the Court directs the petitioner to be enlarged on bail in connection with Mairwa P.S. Case no.98 of 2020 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate VII, Siwan.

(Partha Sarthy, J) Saurabh/- U T