Alakhdeo Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24497 of 2019 Arising Out of PS. Case No.-90 Year-2017 Thana- THARTHARI District- Nalanda ====================================================== Alakhdeo Chauhan Son of Surendra Chauhan Resident of Village- Basta, Police Station- Tharthari, District- Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ganesh Sharma For the Opposite Party/s :

Mr.Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-05-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Tharthari P.S. case No.90 of 2017 registered under Sections 304(B), 201/34 of the Indian Penal Code, pending in the court of Additional Chief Judicial Magistrate-1, Hilsa (Nalanda).

Allegation is that the accused persons including the petitioner committed murder of the daughter of the informant due to non-fulfilment of demand of dowry.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 22.10.2018 and has got no criminal antecedent. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated

Patna High Court CR. MISC. No.24497 of 2019(3) dt.13-05-2019 2/2 in the present case. There is no other substantive evidence to suggest the implication of the petitioner in the present case nor there is any eye witness to the alleged occurrence. On behalf of the State, it is submitted that the petitioner is named in the F.I.R. He is the husband of the deceased. The onus is upon him to explain the cause of death of the deceased.

Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner. The same is rejected.

The Trial Court is directed to take all necessary steps to conclude the trial preferably within a period of one year from the date of receipt/production of a copy of this order. (Sudhir Singh, J) Narendra/- U T