Chandan Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80449 of 2018 Arising Out of PS. Case No.-361 Year-2017 Thana- JOGAPATTI District- West Champaran ====================================================== Chandan Chaudhary, son of Raghunath Chaudhary, resident of Village - Golaghat Dumari PS- Yogapatti, Dist. West Champaran ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 15-04-2019 Petitioner seeks bail in anticipation of his arrest in connection with Yogapatti P.S. Case No. 361 of 2017, registered for the offences punishable under Sections 304B, 201 and 34 of the Indian Penal Code.

Allegation against the petitioner, who happens to be the husband of the deceased, is of committing death of his wife with respect to demand.

Submission of learned counsel for the petitioner is that he has falsely been implicated in this case and the materials collected during investigation in paragraphs 28, 29, 32 and 51 disclosed that she has committed suicide and her dead body was disposed of in presence of family members of the informant. Heard learned APP also, who has opposed the prayer for anticipatory bail of the petitioner stating that no information

Patna High Court CR. MISC. No.80449 of 2018(3) dt.15-04-2019 2/2 was given about her death either to the family members of the informant or the police and the dead body was disposed of hurriedly and further there is allegation of demand and torture. Having heard both sides and in the facts and circumstances, I am not inclined to grant the privilege of anticipatory bail to the petitioner, rather petitioner to surrender and make prayer for regular bail, which shall be considered on its own merit.

With the above observation, this application is dismissed.

(Vinod Kumar Sinha, J) spal/- U T