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Patna High CourtCR. MISC./10813/2022bail rejected

Mukesh Kumar @ Mukesh Chaudhary v. The State Of Bihar

2022-12-19Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10813 of 2022 Arising Out of PS. Case No.-91 Year-2020 Thana- BHAGWANGANJ District- Patna ====================================================== MUKESH KUMAR @ MUKESH CHAUDHARY Son of Grija Chaudhary Resident of Village- Deoriya, P.S.- Bhagwanganj, District-Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Sinha, Adv.

For the Opposite Party/s :

Mr. Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 19-12-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 302 and 34 of the Indian Penal Code.

As per the prosecution case, the dead body of the wife of the petitioner was found hanging in the room of the house and foul smell was coming from the same.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. It appears that the wife of the petitioner committed suicide as a result of minor altercation over a trivial dispute. The petitioner is in custody since 1.4.2021 and undertakes to cooperate in the trial.

A supplementary affidavit is filed on behalf of the

Patna High Court CR. MISC. No.10813 of 2022(3) dt.19-12-2022 2/2 petitioner which is taken on record.

A report was called for from the learned trial court. As per the report received, the examination of witness is going on and the trial is expected to conclude within six months. Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the materials on record, it transpires that there are allegations against the petitioner of having assaulted the deceased prior to her death, the place of her death being her sasural in the house of the petitioner. In view of the nature of allegation, the Court is not inclined to enlarge the husband-petitioner on bail and the application is rejected. Learned trial court is directed to expedite the trial. (Partha Sarthy, J) Saurabh/- U T