Patna High CourtCR. MISC./27302/2022dismissed

Manu Chaudhary @ Mannu Chaudhary v. The State Of Bihar

2022-09-21Mr. Justice Rajiv Roy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27302 of 2022 Arising Out of PS. Case No.-156 Year-2020 Thana- MASAUDHI District- Patna ====================================================== MANU CHAUDHARY @ MANNU CHAUDHARY SON OF LATE JANESHWAR CHAUDHARY R/O- VIILLAGE- BALIYARI P.S.- MASAURHI DIST- PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satish Chandra, Advocate For the Opposite Party/s :

Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 21-09-2022 Heard learned counsel for the petitioner and learned counsel for the State.

Let the defect(s), if any, as pointed out by the office be removed within four weeks.

The petitioner is in judicial custody in connection with S.Tr. No. 305 of 2020 (arising out of Masaurhi P.S. Case No. 156 of 2020) for the offences under Sections 302/34 of the Indian Penal Code.

As per the prosecution story, the informant has alleged that his sister Kiran Devi was married to Ravindra Chaudhary, who was killed three years ago. The lady was blessed with two children. The further allegation is that the inlaws especially the father-in-law caused the killing of his sister.

Patna High Court CR. MISC. No.27302 of 2022(3) dt.21-09-2022 2/2 Earlier, case diary was called for on 31.08.2022 which has since been received.

Learned counsel for the petitioner submits that there is no eye witness to the said killing of the petitioner herein and on the basis of hearsay, he is in custody since 03.05.2020. Mr. Jitendra Kumar Singh, learned APP for the State, on the other hand, draws the attention of the court to paragraph29 of the case diary, statement made by Sangita Devi, who has stated that it was the petitioner himself who came running and informing the villagers that he has killed his daughter-in-law. Considering the aforesaid fact, this Court is not inclined to grant him privilege of bail which is accordingly rejected.

In view of the fact that the petitioner is in custody since 03.05.2020, the trial Court is hereby directed to expedite the trial and conclude the same preferably within a period of one year.

(Rajiv Roy, J) Jagdish/NehaU T