Fakira Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39610 of 2021 Arising Out of PS. Case No.-188 Year-2020 Thana- SALIMPUR District- Patna ====================================================== FAKIRA CHAUDHARY S/O LATE ISHWAR CHAUDHARY R/O WIDHIPUR, P.S-SALIMPUR, DISTRICT-PATNA.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sushil Kumar Jha For the Opposite Party/s :

Mr. Anil Kumar Singh No.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-11-2021 Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Section 302/34 of the Indian Penal Code.

As per the prosecution case, on 08.07.2020 the informant received information from this petitioner that body of daughter of the informant is swollen and upon which the informant went to place and found his daughter dead and her dead body was kept on cot. It is alleged that petitioner along with his mother committed the murder of daughter of informant. Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case. Petitioner and his wife were living peacefully for last 10 years after marriage and from the wedlock two female child was

Patna High Court CR. MISC. No.39610 of 2021(3) dt.17-11-2021 2/2 born. Petitioner never demanded any dowry or tortured his wife. Petitioner claims clean antecedent and is in custody since 21.10.2020 and investigation in this case is complete. Learned counsel appearing for the State opposes the prayer for bail and submits that as per post mortem report deceased died due to strangulation in her matrimonial house. Considering the nature of accusation and gravity of the offence, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected.

However, since the petitioner is in custody since 21.10.2020 the trial court is directed to conclude the trial as early as possible, preferably, within one year. (Prabhat Kumar Singh, J) BKS/- U T