Hari Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32150 of 2019 Arising Out of PS. Case No.-69 Year-2015 Thana- MAHILA P.S. District- Nawada ====================================================== HARI CHAUHAN, Son of Shiv Chauhan @ Shiv Prasad, Resident of Village-Lakshmipur, Police Station-Dhamaul, District- Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Ranjan, Advocate For the Opposite Party/s :

Dr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 26-06-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in S.T. No.743 of 2017 /153 of 2017 arising out of Nawada Mahila P.S. Case No.69 of 2015 instituted for the offence under Section(s) 307 Indian Penal Code and Section 498-A/34 Indian Penal Code.

Prayer of the petitioner for bail was earlier rejected by this Court by order dated 26.10.2018 passed in Cr. Misc. No.64174 of 2018 with liberty to renew the prayer for bail after six months if no substantial progress is made in the trial. Counsel for the petitioner submits that Petitioner is in custody since 20.06.2018 in a case under Section 498-A Indian Penal Code. There is no substantial progress in the trial. It appears that earlier prayer of the petitioner for bail

Patna High Court CR. MISC. No.32150 of 2019(3) dt.26-06-2019 2/3 was rejected on the ground that he did not comply the condition of this Court while he was granted provisional anticipatory bail by order dated 20.07.2016 passed in Cr. Misc. No.28765 of 2016.

A report was called for from the Court below which has been received and it appears that only two witnesses have been examined in the case. The informant has not been examined. The trial Court has mentioned that 7-8 months will be taken in conclusion of trial.

Keeping in view the period spent by the petitioner in custody as well as there is no substantial progress in trial, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, 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 the 5th Additional Sessions Judge, Nawada, in connection with S.T. No.743 of 2017 /153 of 2017 arising out of Nawada Mahila P.S. Case No.69 of 2015, subject to the condition that both the bailors shall be close relative of the petitioner.

Further, (i) the petitioner will remain present on each and every date of trial, (ii) His absence on two consecutive date(s) without any reasonable cause will make his bail bond

Patna High Court CR. MISC. No.32150 of 2019(3) dt.26-06-2019 3/3 liable to be cancelled, and (iii) the petitioner will not intimidate the witnesses in any way and will not hamper the trial. (Sanjay Priya, J) J. Alam/- U T