Santosh Choudhary v. The State Of Bihar
Patna High Court Cr.Misc. No.50655 of 2015 (4) dt.15-02-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.50655 of 2015 Arising Out of PS.Case No. -151 Year- 2014 Thana -BATHNAHA District- SITAMARHI ====================================================== Santosh Choudhary, S/o Late Bachha Choudhary, R/o village- Rajwara, Mushaharnia, P.S.- Sonbarsa, District- Sitamarhi. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Virendra Kumar, Advocate. For the Opposite Party : Mr. Ram Shankar Das(Spl.APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 15-02-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner is accused in connection with Bathnaha P.S. Case No.151/2014 registered under Section 302/34 of the Indian Penal Code and 3(2)(v) of S.C. & S.T (Prevention of Atrocities) Act.
The accusation is that Sulekha, the daughter of informant used to reside at his house since before 2-3 months and his son-inlaw (petitioner) used to visit. In the night of 19/20.05.2014, the petitioner came at the house of the informant and asked Sulekha Devi to accompany with him. While mother of the informant asked to move in the next day but Sulekha Devi went with the petitioner taking her bag. After sometime the petitioner told the
Patna High Court Cr.Misc. No.50655 of 2015 (4) dt.15-02-2016 son of the informant about committing murder of Sulekha. Thereafter the informant went at place of occurrence and found the dead body of his daughter Sulekha, in hanging condition near the bamboo clamps.
Learned counsel for the petitioner submits that in fact the petitioner had gone at sasural and was returning his house in the late night with the deceased against her will due to that reason she committed suicide.
The learned Additional Public Prosecutor opposed the prayer for bail and submitted that the cause of death is asphyxia due to strangulation.
Taking into consideration the facts and circumstances of the case and the nature of allegation, I am not inclined to grant bail to the petitioner. Accordingly, the prayer for bail of the petitioner is rejected.
(Rajendra Kumar Mishra, J.) Amit/- U T