Bankey Bihari Chauhan @ Banke Bihari Chauhan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41590 of 2019 Arising Out of PS. Case No.-62 Year-2019 Thana- ITARHI District- Buxar ====================================================== BANKEY BIHARI CHAUHAN @ BANKE BIHARI CHAUHAN Son of Jagdeep Chauhan Resident of Village-Mangolpur, P.S-Itarhi, District-Buxar. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dr. Kamal Deo Sharma For the Opposite Party/s :
Mr.Raj Kishore Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 05-07-2019 This application, for grant of anticipatory bail, arises out of Itarhi P.S. Case No. 62 of 2019, disclosing offences under Section 306 of the Indian Penal Code.
Petitioner happens to be husband of the deceased and allegation against him is of torture to the deceased due to which, she consumed poison and died.
Submission of learned counsel for the petitioner is that the marriage of deceased was solemnized with the petitioner thirty years ago and now after thirty years, it is alleged that petitioner used to torture her and due to which, she consumed poison, which is out and out false and concocted and in fact the deceased died her natural death.
Heard learned A.P.P. also.
Having heard both sides, considering the facts and
Patna High Court CR. MISC. No.41590 of 2019(2) dt.05-07-2019 2/2 circumstances of the case, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar, in connection with Itarhi P.S. Case No. 62 of 2019, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Vinod Kumar Sinha, J) sunilkumar/- U T