Jaishri Chauhan @ Jayshree Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7634 of 2021 Arising Out of PS. Case No.-113 Year-2019 Thana- ASANWA District- Siwan ====================================================== JAISHRI CHAUHAN @ JAYSHREE CHAUHAN SON OF BAIJNATH CHAUHAN R/O VILL.- PACHBENIA, P.S.- ASSAON, DIST.- SIWAN ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kumar Pandey For the Opposite Party/s :

Mr. A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-11-2021 Heard learned counsel for the petitioner and the State. Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of eight weeks.

The petitioner is apprehending his arrest in a case registered under Sections-302, 120(B) of the Indian Penal Code. Allegedly, the informant's son went towards the well with the petitioner where other accused persons were also present from before. It is further alleged that the informant's son was floating in the well. The informant's son was pulled down from the well and was brought to the hospital, but at the gate of Sadar Hospital, Siwan, he died.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation

Patna High Court CR. MISC. No.7634 of 2021(3) dt.29-11-2021 2/2 of tampering of witnesses alleged against the petitioner. The petitioner has been falsely implicated in the present case. At best, it is a case of last seen. There is no eye witness to the alleged occurrence nor there is any circumstantial evidence to suggest the participation of the petitioner in the present case. On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-Ist Class, Siwan in connection with Assaon P.S. Case No. 113 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) A.K.V.//- U T