Mahesh Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32134 of 2023 Arising Out of PS. Case No.-639 Year-2022 Thana- KATIHAR NAGAR District- Katihar ====================================================== MAHESH CHOUDHARY Son of Ram Bilash Choudhary Resident of Village - Ootypada, P.S. - Katihar, District - Katihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijay Bhushan Prasad, Advocate For the Opposite Party/s :

Mr.Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 23-08-2023 Heard the parties.

The petitioner is in custody since 11.10.2022 in connection with Town (Sahayak) P.S. Case No. 639 of 2022 for the offence punishable under Sections 302, 201 of the IPC, lodged on 09.10.2022 by the informant, Gopal Choudhary. As per the prosecution story, the allegation is that the informant's wife was found missing, subsequently, the petitioner, who is son-in-law also went missing. Two days later foul smell was coming from the rented house of the petitioner. The villagers informed that two days ago, the petitioner had locked the door and left the place. The informant and his family members broke the door and found the dead body of his wife in a sack.

It is the case of the learned counsel for the petitioner

Patna High Court CR. MISC. No.32134 of 2023(3) dt.23-08-2023 2/2 that he was having strained relationship with his wife as such there was no question going to his in-laws house, take away the lady and kill her. It is his further submission that the maternal grand child of the informant was found missing and along with other daughter, he had also gone to that place to bring her back and as such, there was no question of him being part of the murder.

Learned APP for the State submits that the dead body was found from his rented house, the door was locked and as per the villagers, he was the last person who put a lock on the door and two days later, the dead body recovered. Considering the kind of allegation that has come against the petitioner which has also been supported by the witnesses that has come in the case diary, no relief can be granted to him.

Accordingly, the bail petition stands rejected. (Rajiv Roy, J) Jagdish/- U