Vijay Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72657 of 2019 Arising Out of PS. Case No.-38 Year-2019 Thana- SALAIYA District- Aurangabad ====================================================== Vijay Chauhan, Son of Late Raghunath Chauhan, Resident of Village-Shahid Bigha, P.S-Salaiya, District-Aurangabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs.Mukul Kumari, Adv.

For the Opposite Party/s :

Mrs.Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 14-01-2020 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner in the present case is seeking regular bail in connection with G.R.No.647 of 2019 arising out of Salaiya P.S. Case No.38 of 2019 registered for the offence punishable under Sections 323, 341, 379, 498(A) and 504 of the Indian Penal Code and Sections 37(b) and (c) of the Bihar Prohibition and Excise Act, 2016. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Learned counsel submits that the allegation as alleged in the FIR against the petitioner is totally false and concocted. Learned APP has opposed the prayer for bail.

Considering the facts and circumstances of the case wherein the dispute seems to have arisen after 18 years of marriage when allegedly the petitioner was getting involved in committing

Patna High Court CR. MISC. No.72657 of 2019(2) dt.14-01-2020 2/2 cruelty after taking liquor but now the petitioner and his wife have settled their dispute amicably and are residing together as has been stated in the compromise petition that they have settled their dispute, let the petitioner above named be released on bail on furnishing bail bond of Rs. 15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions JudgeVII-cum-Special Judge (Excise), Aurangabad in connection with G.R. No.647 of 2019 arising out of Salaiya P.S. Case No.38 of 2019, subject to the condition as laid down under Section 437 (3) Cr.P.C. as under:

(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police officer or tamper with the evidence. (Rajeev Ranjan Prasad, J) arvind/- U T