Tengar Chauhan v. The State Of Bihar

Patna High Court Cr.Misc. No.51178 of 2016 (2) dt.29-11-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51178 of 2016 Arising Out of PS.Case No. -104 Year- 2006 Thana -BHORE District- - ====================================================== Tengar Chauhan, Son of Late Nathuni Chauhan, Resident of VillageBhiswa, P.S.- Bhorey, District- Gopalganj .... .... Petitioner

Versus

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

For the Petitioner : Mr. Suresh Prasad Bhakta, Advocate For the Opposite Party : Md. Arif (APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 29-11-2016 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner is languishing in judicial custody since 02.10.2016 in connection with Bhorey P.S. Case No. 104 of 2006 for offences punishable under Sections 304B and 201/34 of the Indian Penal Code.

The accusation as lodged by the father of the deceased is of killing his daughter by the accused persons due to non-fulfillment of dowry demand.

It has been submitted by the learned counsel for the petitioner that he is not the family member of the matrimonial house of the deceased and has no concern with her family. It has

Patna High Court Cr.Misc. No.51178 of 2016 (2) dt.29-11-2016 further been submitted that he has no criminal antecedent and has a separate mess and property from the husband of the deceased. The main allegation is upon the husband. It has further been submitted that the father-in-law of the deceased and brother-in-law of the deceased have since been granted the privilege of bail by a Co-ordinate Bench of this Court in Cr. Misc. No. 24368 of 2016 on 29.08.2016 and Cr. Misc. No.24290 of 2016 on 20.06.2016. Learned APP for the State submits that the petitioner is named in the First Information Report, hence, opposes the prayer for bail.

Considering the aforesaid facts and that other coaccused being family members of the deceased have since been granted the privilege of bail and the petitioner being outsider, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri R.S. Ram, learned Judicial Magistrate-1st Class, Gopalganj, in connection with Bhorey P.S. Case No. 104 of 2006.

(Nilu Agrawal, J.) ravi/- U T