Sonelal Chauhan @ Devraj Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42330 of 2023 Arising Out of PS. Case No.-37 Year-2023 Thana- SIRDALA District- Nawada ====================================================== Sonelal Chauhan @ Devraj Chauhan S/O Jagdish Chauhan R/O VillageBelwan, Ps. Sirdalla (MESKAUR), Dist. Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shankar Kumar For the Opposite Party/s :

Mr.Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 341, 302 and 34 of the Indian Penal Code. As per FIR the prosecution case, in brief, is that the informant's daughter namely Sarita Kumar (deceased) got married ten years ago with the petitioner and blessed with two children from the wedlock. It is further alleged that on 27.01.2023 at 10 P.M. in the night the petitioner informed the informant that her daughter had been died whereupon the informant and other came there and saw that her daughter was lying dead and found that accused persons assaulted her daughter with brick on her mouth and killed her by pressing her neck.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and has committed no offence. Petitioner is

Patna High Court CR. MISC. No.42330 of 2023(3) dt.10-08-2023 2/2 the husband of the deceased and he has been falsely implicated in this case. There is no eye witness of the alleged occurrence. There is no prior complain of ill treatment, torture, and harassment against the petitioner to his wife (deceased). The petitioner blessed with two children from the wedlock. It is case of hanging and in postmortem report, doctor opined that cause of death is asphyxia. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. It is further submitted that petitioner is languishing in judicial custody since 29.01.2023.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Sirdalla (Meskaur) P.S. Case No. 37 of 2023 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 J.M. 1st Class, Nawada.

(Sunil Kumar Panwar, J) lata/- U