Avinash @ Bhola Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30311 of 2022 Arising Out of PS. Case No.-85 Year-2021 Thana- CHAORI District- Bhojpur ====================================================== AVINASH @ BHOLA CHAUDHARY S/o Late Yamuna Ram @ Yamuna Chaudhary R/o village- Kosiar, P.S.- Chauri, District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 07-02-2023 Heard the learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner seeks regular bail in connection with S.Tr. No. 324 of 2021 arising out of Chauri P.S. Case No. 85 of 2021, for the offence registered under Sections 302 and 34 of the Indian Penal Code.

The petitioner who is the husband of the deceased victim lady is stated to have assaulted the deceased victim lady i.e the daughter of the informant, apart from she being also assaulted by the mother-in-law, resulting in her death.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has

Patna High Court CR. MISC. No.30311 of 2022(4) dt.07-02-2023 2/2 been falsely implicated in the present case, is having a clean antecedent and he is languishing in custody since 08.08.2021.

Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the facts stated in impugned order dated 21.02.2021, prima facie the complicity of the petitioner in the alleged occurrence is writ large from the records, hence, I am not inclined to grant bail to the petitioner, thus, the present petition stands dismissed.

(Mohit Kumar Shah, J) S.Sb/Saurav U T