Suresh Kumar Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23052 of 2021 Arising Out of PS. Case No.-239 Year-2020 Thana- TRIVENIGANJ District- Supaul ====================================================== Suresh Kumar Chaudhary, Son of Jai Narayan Chaudhary, R/O - Latouna Ward No.13, P.S.- Triveniganj, District- Supaul. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dineshwar Mishra, Adv.

For the Opposite Party/s :

Mrs.Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-11-2021 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 326, 307, 302 of the Indian Penal Code and Section 27 of the Arms Act.

The prosecution case, in brief, is that the informant alleging inter alia that on 18.08.2020 at 9.00 pm, the entire family of the informant slept after having dinner and at about 4.00 am of 19.08.2020, when the informant awoke, he went to bath room and in the meantime, he heard the sound of firing, then he rushed to the room and by then the children also came out of their room and they saw the wife of the informant in pool of blood and the blood was oozing out of her forehead. The informant took his wife to the Triveniganj hospital in injured

Patna High Court CR. MISC. No.23052 of 2021(4) dt.02-11-2021 2/3 condition from where she was referred to Madhepura for better treatment but she succumbed to death on the way. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that the petitioner is not named in the FIR. The petitioner is informant in the present case. The police has apprehended the co-accused, he stated that the petitioner is main accused in this case, who hired him for killing his own wife. The petitioner is languishing in jail custody since 24.08.2020. The petitioner has no criminal antecedent, which is mentioned in para 3 of the bail petition.

Learned APP for the State vehemently opposed the prayer for bail of the petitioner and submits that there is ample evidence in the case diary against the petitioner, in fact, he is main accused in this case, as his wife was killed by co-accused under the conspiracy of the petitioner.

Considering the aforesaid facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail. Accordingly, the prayer for bail of the petitioner is rejected in connection with Triveniganj P.S. Case No. 239/2020 from the Court of learned Chief Judicial Magistrate, Supaul. Accordingly, this application is dismissed.

Patna High Court CR. MISC. No.23052 of 2021(4) dt.02-11-2021 3/3 However, the court below is directed to expedite the trial of the petitioner.

(Anjani Kumar Sharan, J) amitkumar/- U T