Jokhu Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74852 of 2023 Arising Out of PS. Case No.-266 Year-2023 Thana- RAJPUR District- Buxar ====================================================== Jokhu Chauhan, Son of Sri Bhagwan Singh R/o vill - Akbarpur, P.S. - Rajpur, Distt. - Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ramakant Yadav, Adv.

For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 29-11-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Rajpur P.S. Case No. 266 of 2023, lodged on 05.07.2023 under Sections 304(B)/201/34 of the Indian Penal Code.

3. As per the prosecution case, the FIR has been lodged against the 4 named accused persons including the present petitioner with an allegation of under section 304(B) of IPC.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel also submits that the petitioner is living separately with his son and his wife after marriage. Counsel further submits that the petitioner is father in law.

Patna High Court CR. MISC. No.74852 of 2023(2) dt.29-11-2023 2/3

5. Learned counsel for the petitioner submits that the antecedent of the petitioner is clean and he is in custody since 08.07.2023. Counsel further submits that the husband of the deceased is in custody which he has narrated in paragraph 10 of the petition that he is in custody since 08.07.2023.

6. Learned APP for the State opposes the prayer for bail of the petitioner.

7. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Buxar in connection with Rajpur P.S. Case No. 266 of 2023, subject to the conditions as laid down U/s 437(3) Cr.P.C. as well as the following conditions:

(i) one of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bonds by the Trial Court itself;

Patna High Court CR. MISC. No.74852 of 2023(2) dt.29-11-2023 3/3 (iii) the petitioner shall appear before the concerned police station every month for one year to mark attendance; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and (v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Dr. Anshuman, J.) Divyansh/- U T