Dharmendra Choudhary v. The State Of Bihar
Patna High Court Cr.Misc. No.45278 of 2015 (3) dt.09-02-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.45278 of 2015 Arising Out of PS.Case No. -26 Year- 2014 Thana -SALAIYA District- AURANGABAD ====================================================== Dharmendra Choudhary son of Vijay Choudhary resident of village - Bari, Tola - Choudhary Bigha, P.S. Salaiya, District - Aurangabad. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shailesh Kumar Singh For the Opposite Party/s : Mr. Madan Kumar (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 09-02-2016 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner is the husband, who has been taken into custody in connection with Salaiya P.S. Case No. 26 of 2014 for the offence registered under Sections 304(B)/34 of the Indian Penal Code.
Learned counsel for the petitioner submits that there is only general allegation of torture against all the accused persons and that the petitioner is not at all involved in the occurrence. It is further submitted that the family members as also the informant had been informed about the death of the victim lady. However, learned counsel for the State after referring several paragraphs of the case diary submits that there is clear evidence of ante mortem injuries on the body of the victim lady and that the independent witnesses have stated
Patna High Court Cr.Misc. No.45278 of 2015 (3) dt.09-02-2016 that the victim was being tortured in the recent past by the family members and it was the moral duty and responsibility of the husband to protect his wife.
Considering the entire gamut of circumstances and the materials available in the case diary, I am not inclined to grant regular bail to the petitioner. It is, accordingly, rejected. However, it is directed that the trial of the case be concluded within a period of one year from today. (Anjana Mishra, J) Jagdish/- U T