Yadunandan Chauhan @ Jadunandan Chauhan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87794 of 2024 Arising Out of PS. Case No.-275 Year-2024 Thana- KONCH District- Gaya ====================================================== Yadunandan Chauhan @ Jadunandan Chauhan S/o- Jhagaru Chauhan VillageBeldar Bigha Ps-Konch Dist- Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Aryan Singh, Advocate For the Opposite Party/s :
Mr.Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 08-01-2025 Heard Mr. Aryan Singh, learned counsel for the petitioner and the State.
2. The petitioner is in judicial custody in connection with Konch P.S. Case No. 275 of 2024 for the offence punishable under Sections 341, 323, 354, 307, 337, 338, 504, 506 and 34 of the Indian Penal Code lodged on 23.06.2024 by the informant, Urmila Devi.
3. As per the prosecution story, the informant alleged that this petitioner who is father-in-law outraged her modesty and also assaulted her daughter throwing brick which caused injury on her head. This led to the FIR.
4. It is the case of the petitioner that due to land dispute, the scuffle took place between the parties, this led to the case and counter case, though the injury report of the granddaughter is concerned, the "opinion has been reserved". It was
Patna High Court CR. MISC. No.87794 of 2024(2) dt.08-01-2025 2/3 scuffle between the parties which led to the injury and allegation of throwing the brick as also outraging the modesty is/are exaggerated. Further, since the injured girl is his grand-daughter, irrespective of the outcome of the present case and/or accepting the allegation, the petitioner intends to contribute Rs.10,000/- to the informant through Demand Draft issued by the local State Bank of India branch.
5. Learned APP opposes the prayer submitting that allegation against him is of assaulting his grand-daughter causing injury.
6. Though the allegation is against the petitioner, due to land dispute case and counter case have been lodged, he is in custody since 25.06.2024, will ultimately face the trial, in that background, this Court is inclined to extend him the privilege of bail subject to payment of Rs.10,000/- as undertaken by the learned counsel for the petitioner to be paid by Demand Draft of local SBI to be submitted to the trial Court and handed over to the informant after checking credentials.
7. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya, in connection with Konch P.S. Case No. 275
Patna High Court CR. MISC. No.87794 of 2024(2) dt.08-01-2025 3/3 of 2024 subject to the following conditions:
(i) one of the bailor should be the family member/relative 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 bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his attendance;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(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 his bail bonds. (Rajiv Roy, J) Ravi/- U T