Arvind Chouhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49202 of 2019 Arising Out of PS. Case No.-66 Year-2019 Thana- PUNPUN District- Patna ====================================================== 1.

ARVIND CHOUHAN Son of Vijay Chouhan Resident of Village - Jamauli, P.S.- Rajpur, District- Buxar.

2.

Govind Chouhan @ GOVIND KUMAR Son of Vijay Chouhan Resident of Village - Jamauli, P.S.- Rajpur, District- Buxar. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Satrudhan Kumar For the Opposite Party/s :

Mr.Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 30-09-2019 Heard learned counsel for the petitioners and learned counsel for the State.

Petitioners, who are in custody, seek bail in connection with Punpun P.S. Case No. 66 of 2019 registered for the offence punishable under Section 302/34 of the Indian Penal Code.

Informant who is the father of deceased has alleged in his fardbeyan that his daughter Neelam Kumari aged about 16 years and Govind Chouhan (petitioner) was found in compromising position 4-5 days before. A panchayati was called in which petitioners were asked to marry daughter of informant but their family denied and thereafter Govind Chouhan and

Patna High Court CR. MISC. No.49202 of 2019(3) dt.30-09-2019 2/3 Arvind Chouhan (petitioners) threatened and thereafter he received information that his daughter has died and accused persons including petitioners were chased and caught by the villagers and handed over to the police.

It has been submitted on behalf of petitioner that they are innocent and has been falsely implicated in this case. The victim committed suicide which is also corroborated from the postmortem report as cause of death has been opined to be asphyxia due to ligature.

There is specific allegation against Govind Chouhan of being found in compromising position with deceased Neelam Kumari and same was cause of her death, I am not inclined to grant him bail at this stage. However, petitioner may renew his prayer for bail after one year of custody.

Since there is no specific allegation against Arvind Chouhan and at the time of occurrence he was present in Panchayati as such, he is directed to 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 J.M. 1st Class, Masaurhi, Patna, in connection with Punpun P.S. Case No. 66 of 2019 subject to the conditions that:-

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

Patna High Court CR. MISC. No.49202 of 2019(3) dt.30-09-2019 3/3 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