Mantu Chauhan v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.67933 of 2018 Arising Out of PS. Case No.-101 Year-2018 Thana- AANDAR District- Siwan ====================================================== Mantu Chauhan, Son of Sita Ram Chauhan, Resident of Village- Khedhai, P.S.- Andar, District- Siwan.

... ... Petitioner/s

Versus

1. The State of Bihar.

2. Rajdeo Chauhan, Son of Late Kashi Chauhan, Resident of Village- Parsia, P.S.- Darauli, District- Siwan.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ravi Bhushan Verma For the Opposite Party/s :

Mr.Sri Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 11-01-2019 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Andar P.S. Case No. 101 of 2018 registered for the offence punishable under Sections 302/304(B), 498A/34 of the Indian Penal Code.

Allegation against petitioner and other co-accused is of killing the daughter of the informant due to non-fulfillment of demand of dowry.

It has been submitted on behalf of learned counsel for the petitioner that he is innocent and has been falsely implicated in this case. Petitioner is the husband of deceased. Victim committed suicide. In post mortem also death has been

Patna High Court Cr.Misc. No.67933 of 2018(3) dt.11-01-2019 2/2 attributed to Asphyxia due to hanging. Petitioner has no criminal antecedent and he is in custody since 13.07.2018. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. 9, Siwan, in connection with Andar P.S. Case No. 101 of 2018 subject to the conditions that:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) veena/- U T