Yadunandan Chouhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52048 of 2016 Arising Out of PS.Case No. -367 Year- 2016 Thana -HILSA District- NALANDA (BIHARSHARIFF) ====================================================== Yadunandan Chouhan, S/o Late Sipahi Chouhan, resident of Village- Puna, P.S.- Hilsa, District- Nalanda.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Krishna Prasad Singh, Sr.Advocate For the Opposite Party/s : Mr. Anish Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-03-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Hilsa P.S.Case No. 367 of 2016 registered for the offences punishable under Sections 304B, 302 and 201/34 of the Indian Penal Code. It has been submitted on behalf of the petitioner that there is no specific allegation of assault against the petitioner and he is father-in-law of the deceased and petitioner is in custody since 27.7.2016. It has also been submitted that earlier report was called for from the court concerned and from the report it appears that since dead body was not recovered, the inquest report and post mortem report were not prepared.

Heard learned APP also, who has opposed the prayer for bail.

Having heard both sides and considering the fact that there is general and omnibus allegation against the petitioner, who

Patna High Court Cr.Misc. No.52048 of 2016 (6) dt.16-03-2017 2/2 is father-in-law and petitioner is in custody for about eight months, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Hilsa, District Nalanda, in connection with Hilsa P.S.Case No. 367 of 2016, subject to the conditions that :- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable properties within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reason, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) spal/- U