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Patna High CourtCR. MISC./68031/2022disposed

Suresh Chauhan v. The State Of Bihar

2023-07-19Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68031 of 2022 Arising Out of PS. Case No.-253 Year-2020 Thana- SINGHESHWAR District- Madhepura ====================================================== 1.

SURESH CHAUHAN Son of Jamun Chauhan Resident of Village - Champanagar, P.S.- Singheshwar, District - Madhepura. 2.

Ramesh Chauhan Son of Jamun Chauhan Resident of Village - Champanagar, P.S.- Singheshwar, District - Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Praveen Kumar Agrawal, Advocate For the Opposite Party/s :

Mr. Pranav Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 19-07-2023

1. Learned counsel for the petitioners seeks permission to withdraw the prayer for anticipatory bail with respect to petitioner no. 1, namely, Suresh Chauhan.

2. Permission is accorded.

3. Accordingly, the prayer for anticipatory bail with respect to petitioner no. 1 is dismissed as withdrawn.

4. Heard learned counsel for the petitioner no. 2 and learned A.P.P. for the State.

5. The petitioner no. 2 apprehends his arrest in a case registered for the offences punishable under Sections 302, 328 and 120(B) of the Indian Penal Code.

6. Learned counsel for the petitioner no. 2 submits that petitioner no. 2 is a person with clean antecedent.

7. The informant alleges that his sister was killed by

Patna High Court CR. MISC. No.68031 of 2022(4) dt.19-07-2023 2/2 administering poison by her husband Suresh Chauhan and brother-inlaw Ramesh Chauhan with the help of other accused persons.

8. Learned counsel for the petitioner no. 2 submits that petitioner no. 2 has been falsely implicated in the present case being the brother-in-law of the deceased. It is further submitted that even the allegation is not specific nor the informant is eyewitness to the occurrence.

9. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

10. Considering the submissions made by the learned counsel for the petitioner no. 2, the petitioner no. 2 above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Singheshwar P.S. Case No. 253 of 2020, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Kundan/- U T