Pragas Chauhan @ Prakash Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31959 of 2020 Arising Out of PS. Case No.-128 Year-2019 Thana- NARDIGANJ District- Nawada ====================================================== PRAGAS CHAUHAN @ PRAKASH CHAUHAN, Son of Late Shiva Chauhan, Resident of Village- Bhalua, P.S.- Nardiganj in the District of Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar, Advocate.

For the Opposite Party/s :

Mr. Shyam Kumar Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 19-05-2021 Let the defects be removed within two weeks of the start of the physical Court.

Heard the parties in virtual Court.

The petitioner is languishing in custody for the offence punishable under Sections 304(B) and 201/34 of the Indian Penal Code.

Petitioner is husband of the victim of dowry death. Petitioner is in custody since 13.11.2019. In the past, prayer for bail was refused vide order at Annexure-1.

The report of the trial Judge would reveal that the trial has recently been committed to the court of sessions on 03.04.2021.

Since there is no chance of conclusion of the trial in near future due to COVID effect and there is no need for further

Patna High Court CR. MISC. No.31959 of 2020(5) dt.19-05-2021 2/2 detention of the petitioner as under trial prisoner in absence of any material to substantiate that the petitioner would not cooperate with the trial or would tamper with the evidence, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Courtbelow where the case is pending in connection with Nardiganj P.S. Case No. 128 of 2019, with following conditions: (a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(c) The petitioner shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) mantreshwar/- U T