Bajir Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39948 of 2016 Arising Out of PS.Case No. -171 Year- 2016 Thana -NOORSARAI District- NALANDA (BIHARSHARIFF) ======================================================

1. Bajir Chauhan Son of late Lakhan Chauhan Resident of Village-Harhari Bigha, Police Station-Noorsarai, District-Nalanda .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Mukherjee For the Opposite Party/s : Mr. Sri Kumar Virendra Narayan ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 08-11-2016 Heard learned counsel for the petitioner and learned counsel for the informant as well as learned Additional Public Prosecutor for the State.

The petitioner is in custody since 24.06.2016 in connection with Noorsarai P.S. Case No. 171/2016 registered for the offences punishable under Sections 304(B)/34 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner is the father-in-law of the deceased lady and allegation against him is wholly false and concocted. The deceased girl is daughter-inlaw of the petitioner who died out of diarrhoea and because of poverty, the deceased was treated with local medicines due to which her condition deteriorated and she died on the way to hospital.

Diary in this case was called for earlier, which has, since

Patna High Court Cr.Misc. No.39948 of 2016 (3) dt.08-11-2016 P2/2 been received.

Learned counsel for the petitioner, after perusal of paragraph no. 26 of the case diary, submits that the submission of the petitioner also stands supported by the statements of the villagers.

Learned counsel for the State, after perusal of the case dairy, submits that such a fact has come during the course of investigation.

Considering the submission of the learned counsel for the petitioner and also the submission of learned counsel appearing on behalf of the informant that there are other persons who have supported the case of the prosecution, yet no material has surfaced in the case diary against the petitioner, let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Nalanda at Biharsharif in connection with Noorsarai P.S. Case No. 171/2016.

(Anjana Mishra, J) Saif/- U T