Rohit Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23355 of 2024 Arising Out of PS. Case No.-39 Year-2021 Thana- DUMRAO District- Buxar ====================================================== Rohit Choudhary Son Of Manoj Choudhary Resident Of Village - Kasiya, P.S. - Dumraon, District - Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Dr. Kamal Deo Sharma, Advocate For the Opposite Party/s :

Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 17-05-2024 Heard Dr. Kamal Deo Sharma, learned counsel for the petitioner and Mr. Bharat Bhushan, learned APP for the State.

2. Petitioner seeks bail, who is in custody since 21.02.2022, in connection with Sessions Trial No. 1225 of 2021/196/2022 arising out of Dumraon P.S. Case No. 39 of 2021, F.I.R. dated 26.01.2021 registered for the offences punishable under Sections 304(B)/34 of the Indian Penal Code.

3. Allegation against the petitioner is of causing death of the victim for non-fullfilment of demand of dowry.

4. Earlier the bail petition of the petitioner was rejected vide order dated 09.02.2023 passed in Cr. Misc. No. 44584 of 2022 by a Coordinate Bench of this Court.

5. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has been falsely

Patna High Court CR. MISC. No.23355 of 2024(3) dt.17-05-2024 2/2 implicated in the present case merely on the ground that the petitioner is husband of the deceased and it appears that the bail petition of the petitioner was rejected vide order dated 09.02.2023 on the merit after considering all the aspects and there is allegation against the petitioner that he has committee crime in question and apart from that the postmortem report also suggests that the deceased has died due to shock and internal haemorrhage due to anti-mortem injuries caused by hard and blunt object and report of the learned Trial Court also reveals that the trial is going on.

6. Considering the aforesaid facts, I am not inclined to enlarge the petitioner on bail in connection with Sessions Trial No. 1225/2021/196/2022 arising out of Dumraon P.S. Case No. 39 of 2021 pending in the Court of learned Additional Sessions Judge-4, Buxar.

7. Prayer is refused.

8. However, learned Trial Court is directed to expedite the trial and conclude the same at the earliest. (Rajesh Kumar Verma, J) Ibrar//- U T