Patna High CourtCR. MISC./57296/2017bail granted

Suraj Chauhan v. The State Of Bihar

2018-01-05Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57296 of 2017 Arising Out of PS.Case No. -3 Year- 2017 Thana -NARHAT District- NAWADA ======================================================

1. Suraj Chauhan Son of Gore Lal Chauhan Resident of Village-Zorawar Bigha, P.S. Nardiganj District Nawada .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amarendra Nath Tiwary, Advocate For the Opposite Party/s : Mr. Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 05-01-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is in custody in connection with Narhat P.S. Case No.3 of 2017, giving rise to Sessions Trial No.702 of 2017/71 of 2017, a case under Sections 366/376/302/120B/201/34 of the Indian Penal Code. The complaint based F.I.R. would reveal that the minor daughter of the complainant was suspected to be abducted by the petitioner and others on 26.01.2015. It is further alleged that the petitioner and others might have committed murder of the victim after commission of rape and disposed of the dead body. However, the complaint does not disclose any reason for lodging of the case on 09.01.2017 after more than one and half years of the

Patna High Court Cr.Misc. No.57296 of 2017 (3) dt.05-01-2018 P2/ occurrence. The case-diary also does not reveal that any substantial material came during investigation save and except bald statement of the witness that victim was seen along with the petitioner.

Considering the aforesaid fact, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Narhat P.S. Case No.3 of 2017, giving rise to Sessions Trial No.702 of 2017/71 of 2017, with condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) Mkr./- U T