Nagina Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69741 of 2022 Arising Out of PS. Case No.-296 Year-2021 Thana- KHIJARSARAI District- Gaya ====================================================== Nagina Chauhan, Son of Andhi Chauhan @ Gandhi Chauhan, Resident of Village - Mahmadpur, P.S.- Khizersarai, District - Gaya. ... ... Petitioner/S

Versus

The State of Bihar.

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

For the Petitioner/s :

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

Mr.Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 28-04-2023 Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.

Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. The accused/petitioner is named in the F.I.R. and apprehending his arrest in connection with Khizersarai P.S. Case No. 296 of 2021 registered for the offences punishable under Section 304(B) of the Indian Penal Code.

Allegation against petitioner is to cause death of the daughter of informant alongwith other co-accused/family members due to non-fulfillment of demand of dowry as raised for Rs. 1,50,000/-.

Learned counsel appearing on behalf of the petitioner submitted that petitioner falsely implicated in this case only for

Patna High Court CR. MISC. No.69741 of 2022(2) dt.28-04-2023 2/2 the reason that he is the brother of the husband of deceased. It is further submitted that petitioner living separately much before the occurrence with deceased and her husband, and in support thereof a certificate was also given by local Mukhiya which is Annexure-2 at page 17 of the present bail petition. While concluding the argument, it is submitted that petitioner is a man of clean antecedent.

Learned APP opposes the prayer of bail.

Considering the aforesaid facts and circumstances, as petitioner is brother-in- law of deceased living separately, let above named petitioner, in the event of his arrest or surrender before the court below within a period of four weeks, is directed to be released on bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. IV, Gaya/concerned Court, where the case is pending in connection with Khizersarai P.S. Case No. 296 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Chandra Shekhar Jha, J) veena/- U T