Patna High CourtCR. MISC./31609/2020dismissed

Avinash Chaudhary v. The State Of Bihar

2021-01-15Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31609 of 2020 Arising Out of PS. Case No.-75 Year-2020 Thana- RAJAON District- Banka ====================================================== AVINASH CHAUDHARY S/o Late Sunder Chaudhary R/o Village- Uprama, P.S.- Rajoun and District- Banka.

... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr. Nityanand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 15-01-2021 Heard learned counsel for the parties.

This application for grant of regular bail arises out of Rajoun P.S. Case No. 75 of 2020 registered for the offence punishable under Sections 302, 201/34 of the Indian Penal Code.

The petitioner is the father-in-law of the deceased, who was killed and her dead body, cut into pieces, was found in a nearby filed at a deserted place. During the course of investigation, the petitioner is said to have confessed his guilt. He disclosed to the police that as the deceased had developed some illicit relationship with another man, his son had killed her and thereafter the dead body was cut into pieces and thrown in the field. On his disclosure, the police are said to have recovered the weapon used in commission of the offence. Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.31609 of 2020(4) dt.15-01-2021 2/2 has argued that even if what is available in the case diary is treated to be correct, allegation against the petitioner is only of playing role in disappearance of the evidence. On careful perusal of the case diary, I am of the view that there are materials against the petitioner of his active participation in commission of the offence and in making an attempt to get the evidence destroyed. The brutality, with which the deceased was killed and her dead body was cut into pieces and thrown away, according to the case of the prosecution, in my opinion, the petitioner does not deserve regular bail for the present.

This application is accordingly rejected.

(Chakradhari Sharan Singh, J) Pawan/- U T