Raju Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19021 of 2021 Arising Out of PS. Case No.-647 Year-2020 Thana- NAWADA District- Nawada ====================================================== RAJU CHAUDHARY SON OF MANOJ CHAUDHARY R/O VILLAGENANAURA, P.S. AND DISTRICT- NAWADA. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajeev Nayan, Advocate For the Opposite Party/s :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 21-10-2021 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in connection with a case registered under sections 304B and 34 of the Indian Penal Code.

As per allegations in the F.I.R., the accused persons including the petitioner herein were making a demand of dowry to the tune of Rs. 50,000/- in cash and an Apache motorcycle. The daughter of the informant was tortured and ultimately done to death for non-fulfillment of the demand of dowry. It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. He happens to be the husband of the deceased. While the marriage took place in the year 2007, two issues were born out of the said wedlock and the alleged date of occurrence is 13 years later in 2020. It is father of the petitioner who immediately informed

Patna High Court CR. MISC. No.19021 of 2021(3) dt.21-10-2021 2/2 the informant about the death having taken place. In the postmortem report no external injury has been found on the body of the deceased. As such the viscera has been preserved. The petitioner is in custody since 5.11.2020. It is further submitted that subsequently having come to know the true facts of the case, the informant has filed a petition in the learned trial Court which has been brought on record as annexure 2 to the petition.

The application for bail is opposed by learned APP for the State who submits that as per the postmortem report, in the external examination froth was coming out from both the nostrils of the deceased. The allegations have been supported by the witnesses in course of investigation.

Having heard learned counsel for the parties and in the facts of the case, the Court is not inclined to enlarged the petitioner on bail and the application is rejected. Learned trial Court is directed to expedite the trial. (Partha Sarthy, J) Prakash/- U