Kanhai Chauhan @ Kanhaiya Chauhan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.26483 of 2017 Arising Out of PS.Case No. -58 Year- 2016 Thana -PAKARIBARAW District- NAWADA ====================================================== Kanhai Chauhan @ Kanhaiya Chauhan, son of Late Dahu Chauhan, resident of Village- Barki Marhal, Police Station- Pakri Barawan, DistrictNawadah. .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Arjun Prasad, Advocate For the Opposite Party/s : Mr. Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 14-07-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
Petitioner is languishing in judicial custody since 30.03.2017 in connection with Pakri Barawan P.S. Case No. 58 of 2016 registered for the offence punishable under Sections 304(B) and 201/34 of the Indian Penal Code.
The prosecution case, as lodged by the father of the deceased, Sonia Kumari, is that his daughter was married to Ram Janam Chauhan three years back and the petitioner, who is father-in-law along with mother-in-law and the husband used to torture her and due to non-fulfilment of demand of dowry, they have killed her by burning and cremated her.
Patna High Court Cr.Misc. No.26483 of 2017 (3) dt.14-07-2017 2/3 It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and for the last five years, he is separate in home and hearth from the husband and the deceased and has no concern with the family affairs of the deceased and her husband. It has further been submitted that some of the witnesses have not supported the prosecution case and have stated that she got seriously injured while climbing down the stairs. He submits that chargesheet has already been submitted and that the husband of the deceased is in custody.
However, learned A.P.P. for the State opposes the prayer for bail stating therein that the witnesses have supported the prosecution case.
Considering the facts and circumstances and the materials on record, let the petitioner above named be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand) with two sureties of the like amount each to the satisfaction of Sri Kumar Abinash, learned Judicial Magistrate 1st Class, Nawada in connection with Pakri Barawan P.S. Case No. 58 of 2016, subject to the condition that petitioner will appear before the learned Court below during
Patna High Court Cr.Misc. No.26483 of 2017 (3) dt.14-07-2017 3/3 trial on each and every date and failure to appear on two consecutive dates without assigning any reason will entail cancellation of his bail bonds.
(Nilu Agrawal, J.) Arjun/- U T