Santosh Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18689 of 2017 Arising Out of PS.Case No. -269 Year- 2016 Thana -GOPALGANJ TOWN District- GOPALGANJ ====================================================== Santosh Chauhan Son of Late Jagdhari Chauhan, Resident of village - Nonia Toli, Purani Chauk, P.S. Gopalganj, District - Gopalganj .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Naresh Chandra Verma For the Opposite Party/s : Mr. Sri Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 23-06-2017 Heard learned counsel for the petitioner and learned APP representing the State.

The petitioner seeks bail in connection with Gopalganj Town P.S. Case No. 269 of 2016 registered for the offence punishable under Sections 304B/34 of the Indian Penal Code. Pushpa Devi, the sister of the informant, was married to the petitioner on 04.05.2016 and thereafter, the petitioner and others started demanding dowry by way of cash of Rs. 5 lakhs and motorcycle and due to non-fulfillment started torturing and assaulting her and on 25.06.2016 the petitioner and others after closing her in a room killed her by pressing her neck. Submission is of false implication and that the informant has lodged this case as an eye witness which is not correct, he was not present at that time there, as a matter of fact the wife of the

petitioner died due to hanging as she committed suicide. During post mortem the doctor has found the cause of death as asphyxia due to hanging and as such the petitioner deserves sympathetic consideration.

Learned APP opposes the prayer of bail by submitting that the informant being an eye witness lodged this case and further during investigation the witnesses have supported regarding demand of dowry and assault committed by the petitioner and others.

In the facts and circumstances stated above, considering that the petitioner is in custody since 26.06.2016, chargesheet has already been submitted and there is no chance of tampering with the prosecution evidence, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge II, Gopalganj in Sessions Trial No. 931 of 2016 arising out of Gopalganj P.S. Case No. 269 of 2016, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on

his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T