Deepak Chouhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.71442 of 2018 Arising Out of PS. Case No.-80 Year-2018 Thana- BUXAR INDUSTRIAL District- Buxar ====================================================== Deepak Chouhan Son of Bindu Chouhan @ Binod Couhan Resident of Village-Baruna, P.S.-Buxar Ind, District Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bachan Jee Ojha For the Opposite Party/s :

Mr.Sri Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 29-01-2019 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State as well as the informant.

Petitioner is in custody in connection with Buxar (Ind) P.S. Case No. 80 of 2018 for the offence under sections 341, 323, 304(B), 504, 34 of the Indian Penal Code. Learned counsel for the petitioner submits that petitioner has no criminal antecedent.

Learned counsel appearing on behalf of the informant submits that the marriage took place in the year 2014 and within four years, the daughter of the informant was done to death. On behalf of the petitioner submission has been advanced that wife of the petitioner and his younger daughter died in train accident which has been seriously disputed by the counsel appearing on behalf of the informant.

Patna High Court Cr.Misc. No.71442 of 2018(4) dt.29-01-2019 2/2 Learned counsel for the petitioner submits that surviving daughter is staying with her grand-parents and he is ready to ensure her future by executing registered-deed of transfer of his entire interest in the property in favour of the surviving daughter.

Considering the peculiar facts of this case, the Court is inclined to grant bail to the petitioner subject to the condition that the petitioner shall execute deed of transfer of entire interest of his property in favour of the surviving daughter within one month from the date of release in the instant case. The transfer in favour of the surviving daughter would be with condition that the said property shall not be alienated unless the minor daughter attained majority.

With the aforesaid condition, the petitioner named above, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar, in connection with Buxar (Ind) P.S. Case No. 80 of 2018.

(Anil Kumar Upadhyay, J) Ravi/- U T