Barmeshwar Choubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45442 of 2014 Arising Out of PS.Case No. -76 Year- 2014 Thana -ITADHI District- BUXAR ====================================================== BARMESHWAR CHOUBEY SON OF LATE KESHARI CHOUBEY RESIDENT OF VILLAGE- ATROUNA, P.S.- ITARHI, DISTRICTBUXAR. .... .... PETITIONER/S

VERSUS

THE STATE OF BIHAR .... .... OPPOSITE PARTY/S ====================================================== Appearance:

For the Petitioner/s : Mr. Ravi Shanker Pankaj, Adv.

For the Opposite Party/s : Mr. Md.Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 03-04-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor.

On account of presence of dead body of deceased inside the house which, the Chowkidar perceived on rumour, gone to the place of petitioner and his son and found the dead body that of daughter-in-law of petitioner having blackening over her neck as well as absence of petitioner along with his son, informed the police and that happens to be basis of registration of instant case. Then thereafter the investigation proceeded, witnesses were examined and all have reiterated the same version whatsoever been stated by the Chowkidar. Subsequently thereof, there happens to be appearance of Naiharwala of deceased and under para-39, a written complaint was filed by her father who was later on examined under para41, mother has been examined under para-42. From their statement it is evident that petitioner along with his son had subjected the deceased with torture for fulfilment of demand of

Patna High Court Cr.Misc. No.45442 of 2014 (3) dt.03-04-2015 dowry and after having informed by the deceased, her father talked with son of petitioner and then he began to transmit cash from Assam, where he is engaged, in the bank account of Kamli and the said Kamli after withdrawing the said amount use to pay. The aforesaid Kamli has been examined under para-50 and from perusal of her statement, it is evident that she had corroborated the same and further stated that she used to pay even to the petitioner.

Accordingly prayer for bail is rejected.

(Aditya Kumar Trivedi, J.) PN/- U T