Satya Narayan Chaupal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.26190 of 2020 Arising Out of PS. Case No.-1 Year-2020 Thana- BAHADURPUR District- Darbhanga ====================================================== SATYA NARAYAN CHAUPAL Son of Nathan Chaupal Resident of VillageDekuli Chatti, P.S.- Bahadurpur, District- Darbhanga. ... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr.Panchanad Pandit, APP For the Informant :

Mr.Nafisuzzoha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 01-12-2020 Heard learned counsel for the petitioner and Mr. Panchanand Pandit, learned APP for the State. The petitioner in the present case is seeking regular bail in connection with Bahadurpur (Sonki O.P.) P.S. Case No. 01 of 2020 registered for the offences punishable under Sections 304B, 34 of the Indian Penal Code.

Learned counsel for the petitioner submits that there is a general and omnibus allegation against the petitioner and the entire family members. The petitioner is the husband of the deceased and it is submitted that in course of investigation it has come through the independent witnesses that the wife of the petitioner had hanged herself and she had committed suicide. Learned counsel submits that the petitioner has otherwise no criminal antecedent and he is languishing in jail in

Patna High Court CR. MISC. No.26190 of 2020(4) dt.01-12-2020 2/3 connection with this case since 03.01.2020.

On the other hand, learned APP for the State submits that after investigation police has submitted a chargesheet against the petitioner under Section 304B/34 of the Indian Penal Code.

Learned counsel submits that in paragraph '61', '62' and '63' of the case diary independent witnesses have stated that because of the quarrel taking place between the mother of the petitioner and the deceased, the petitioner used to give beatings to the deceased and for that reason perhaps the wife of the petitioner had hanged herself.

Learned APP further submits that apart from the ligature mark around the neck of the wife of the petitioner no other injury has been found on her body.

Having regard to the facts and circumstances of the case, wherein this petitioner is said to be the husband of the deceased and it has come through the independent witnesses that the petitioner used to give beatings to his wife after the quarrel between his wife and his mother as a result whereof his wife had hanged herself, this Court is not inclined to grant privilege of regular bail to the petitioner at this stage. Let the trial be expedited and on start of physical

Patna High Court CR. MISC. No.26190 of 2020(4) dt.01-12-2020 3/3 court the trial court shall take all efforts to conduct the trial on day-to-day basis without granting any unnecessary adjournment and the trial would be concluded preferably within a period of 9 months.

If for the reasons not attributable to the petitioner, the trial is not concluded within the aforesaid period the petitioner may renew his prayer for regular bail.

This application is disposed of accordingly.

(Rajeev Ranjan Prasad, J) SUSHMA2/avin U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.