Ranjeet Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25218 of 2020 Arising Out of PS. Case No.-1112 Year-2019 Thana- NAWADA District- Nawada ====================================================== RANJEET CHOUDHARY, aged about 22 years, Male, Son of Girja Choudhary, Resident of Loharpura, P.S. Kadirganj, District Nawada. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Devendra Prasad Singh, Advocate For the State :

Mr. Amitesh Kumar, APP For the Informant :

Mr. Ashok Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 28-09-2020 Heard Mr. Devendra Prasad Singh, learned counsel for the petitioner, Mr. Amitesh Kumar, learned Additional P.P. and Mr. Ashok Kumar, learned counsel appearing on behalf of the informant through video conferencing.

The petitioner seeks bail in Nawada Town (O.P. Kadirganj) P.S. Case No.1112 of 2019, registered under Sections 304(B), 201 and 34 of the Indian Penal Code.

The father of the deceased named the petitionerhusband of the deceased and other in laws and alleged that his daughter was married with the petitioner in the month of March, 2018, but in the night of 19/20.09.2019 all the accused persons strangulated his daughter to death and hanged her dead body in their newly constructed house. The informant further disclosed

Patna High Court CR. MISC. No.25218 of 2020(2) dt.28-09-2020 2/3 that the accused persons were also assaulting his daughter before her killing on account of non-fulfillment of additional demand of dowry and torture.

Mr. Devendra Prasad Singh, learned counsel for the petitioner submits that the petitioner is of course the husband of the deceased but no specific allegation is made against the petitioner. The father-in-law and mother-in-law of the deceased have already been granted bail by different Benches of this Court vide order passed in Cr. Misc. No.83278 of 2019 and Cr. Misc. No.13636 of 2020. It is further submitted that this Court has found while granting bail to the in-laws that no specific allegation is made against the accused persons, therefore, the petitioner, who is in jail since 15.11.2019, deserves bail but the learned Additional P.P. as well as the learned counsel for the informant opposed the prayer for bail.

It appears that the deceased-wife of the petitioner has been strangulated to death within 11⁄2 years of her marriage with the petitioner and her dead body was found hanging in the newly constructed house of the petitioner. The petitioner is the husband and it was he who was responsible for keeping his wife safely. The petitioner has taken plea that his wife left the house in the previous night and somebody else might have killed her

Patna High Court CR. MISC. No.25218 of 2020(2) dt.28-09-2020 3/3 but the same does not appear to be plausible. Taking into consideration the facts and the facts that the wife of the petitioner was done to death within 11⁄2 years of the marriage with the petitioner, I am not inclined to enlarge the petitioner on bail.

Accordingly, the prayer for bail of the petitioner is rejected.

The trial court is directed to expedite and hold the trial on day to day basis and conclude the same within one year from the date of receipt of this order.

The Superintendent of Police, Nawada is directed to ensure the attendance of the witnesses in the trial court so that the trial must be concluded within one year from the date of receipt of this order.

(Prabhat Kumar Jha, J) S.KUMAR/- U T