Rahul Kumar Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29878 of 2025 Arising Out of PS. Case No.-95 Year-2023 Thana- HAYAGHAT District- Darbhanga ====================================================== Rahul Kumar Choudhary, S/O Lal Bahadur Choudhary, Resident of VillageChhoti Manopur, P.S.- Hayaghat, Dist.- Darbhanga. ... ... Petitioner/S

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Mukesh Kumar, Advocate For the Opposite Party/s :

Mr.Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 23-09-2025 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.

2. The petitioner seeks bail in connection with Hayaghat P.S. Case No. 95/2023, registered for the offence under Section 302/34 of the Indian Penal Code.

3. The accused/petitioner is named in the F.I.R. and is in custody since 29.04.2024.

4. The allegation against the petitioner is to commit murder of his wife, who is the daughter of the informant.

5. Learned counsel appearing on behalf of the petitioner submitted that due to certain domestic differences, the wife of the petitioner committed suicide. It is also submitted that the petitioner is in custody for about last one and half years, whereas still this matter is pending for

Patna High Court CR. MISC. No.29878 of 2025(4) dt.23-09-2025 2/3 examination of prosecution witness. While concluding the argument, it is submitted that investigation of this case is already completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

6. Learned APP while opposing the prayer of bail submitted that in postmortem report, cause of death was ascertained as "asphyxia due to manual strangulation". It is pointed out that besides aforesaid reason, the certain ante-mortem injuries were also noticed upon dead body of the daughter of the informant, suggesting prima facie that she was assaulted physically soon before the occurrence in her matrimonial home. It is submitted that petitioner is the husband.

7. Considering the aforesaid factual submissions and by taking note of fact as the daughter of the informant, being wife of the petitioner died in her matrimonial home, where cause of death ascertained as "asphyxia due to manual strangulation", accordingly, prayer of bail of the petitioner stands rejected herewith for the present.

Patna High Court CR. MISC. No.29878 of 2025(4) dt.23-09-2025 3/3

8. Considering the fact as the petitioner remains in custody since 29.04.2024, accordingly, the learned trial court is directed to conclude the trial preferably within nine months, failing which the petitioner is at liberty to renew his prayer of bail, if so advise.

(Chandra Shekhar Jha, J) veena/- U T