Patna High CourtCR. MISC./16517/2023rejected

Rajesh Chaudhary v. The State Of Bihar

2023-07-04Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16517 of 2023 Arising Out of PS. Case No.-90 Year-2022 Thana- DHANGAI District- Bhojpur ====================================================== RAJESH CHAUDHARY S/o Shiv Kumar Chaudhary R/o Village- Kesari, P.S.- Dhangai, Distt- Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prabhat Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 04-07-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner seeks bail, who is in custody since 19.10.2022 in connection with Dhangai P.S. Case No.90/2022, F.I.R. dated 10.10.2022, for the offences punishable under Sections 304B, 201 and 34 of the IPC.

According to prosecution case, the petitioner along with other co-accused persons are said to have committed murder of the sister of the informant due to non-fulfillment of the demand of dowry and thereafter disposed the dead body of the deceased.

Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case merely on the ground that the

Patna High Court CR. MISC. No.16517 of 2023(4) dt.04-07-2023 2/2 petitioner is husband of the deceased. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offence. Learned Additional Public Prosecutor for the State on the other hand on the basis of material available on record and case diary vehemently opposed the prayer for bail of the petitioner and submits that there is specific and direct allegation against the petitioner and other co-accused persons that they have committed murder of the deceased and the witnesses in paragraph-7, 8 and 13 of the case diary have supported the case of prosecution.

Considering the aforesaid facts, I am not inclined to enlarge the petitioner on bail in connection with Dhangai P.S. Case No.90/2022, pending in the court of learned A.C.J.M.-1, Bhojpur at Ara.

Prayer is refused.

(Rajesh Kumar Verma, J) amit/- U T