Vinay Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53621 of 2018 Arising Out of PS. Case No.-302 Year-2017 Thana- NOKHA District- Rohtas ====================================================== Vinay Chauhan, S/o Satendra Chauhan R/o Village- Ramnagar, P.S. Nokha, District- Rohtas.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Sinha For the Opposite Party/s :

Mr. Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 06-12-2018 Heard learned counsel for the parties.

Petitioner seeks bail in Nokha P.S. Case No.302 of 2017 registered for the offence punishable under Sections 304(B), 201 and 34 of the Indian Penal Code.

Informant is father of the deceased who in his written complaint has stated that his daughter was married with the petitioner in the year 2015 and, thereafter, she was being tortured for non-fulfillment of demand of motorcycle and gold chain and subsequently she was killed by the petitioner and his family members.

It has been submitted on behalf of the petitioner that he is innocent and deceased was suffering for various ailments and she died during her treatment. Allegations are general and

Patna High Court Cr.Misc. No.53621 of 2018(4) dt.06-12-2018 2/3 omnibus in nature and it has further been submitted that they were present at the time of cremation and, thereafter, on false allegations, this case has been filed. Petitioner has no criminal antecedent and he is in custody since 22.03.2018. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned C.J.M., Rohtas at Sasaram in connection with Nokha P.S. Case No.302 of 2017, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be represented on each and every date fixed by the court and shall remain physically present as directed by Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that

Patna High Court Cr.Misc. No.53621 of 2018(4) dt.06-12-2018 3/3 case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Sanjay/- U T