Patna High CourtCR. MISC./48932/2015bail granted

Umesh Chauhan v. The State Of Bihar

2015-11-04Mr. Justice Aditya Kumar Trivedi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48932 of 2015 Arising Out of PS.Case No. -110 Year- 2015 Thana -MUFFASIL District- AURANGABAD ======================================================

1. Umesh Chauhan Son of Shankar Chauhan, Resident of Village - Lapura, P.s. - Aurangabad Muffasil, District - Aurangabad. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajeshwar Singh -Advocate For the Opposite Party/s : Mr. Arvind Kr.Panday(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 04-11-2015 Heard learned counsel for the petitioner as well as learned APP.

Petitioner, Umesh Chauhan, who was known to the prosecution party since before, has been alleged to have enticed away Anita Kumari, a married and for that, her father Nandlal Rajak had filed a written report on 01.06.2015. The victim has been examined under Section 164 Cr.P.C wherein she had alleged that Umesh Chauhan had kidnapped her and taken her to Dhanbad and kept her at the place of his Phua and emphatically denied that she had seen Umesh since before the occurrence. However, she claimed to identify him in case he is shown to her. From the order impugned, it is evident that petitioner Umesh was not put on TIP. Had there been the petitioner, then in that event, there was no question for such kind of disclosure

Patna High Court Cr.Misc. No.48932 of 2015 (2) dt.04-11-2015 because of the fact that the written report itself discloses presence of petitioner in the village since before and happens to be known to the prosecution party.

Accordingly, petitioner, Umesh Chauhan is directed to be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Aurangabad in connection with Aurangabad Mufassil PS Case No. 110/2015.

(Aditya Kumar Trivedi, J) perwez U T