Dindayal Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30475 of 2019 Arising Out of PS. Case No.-9 Year-2018 Thana- MANPUR District- West Champaran ====================================================== Dindayal Chaudhary Son of Dhruv Chaudhary Resident of Village- Jigna, Police Station- Maanpur, District- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar No 7 For the Opposite Party/s :

Mr.Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Manpur P.S. case No.09 of 2018 registered under Sections 304(B), 201/34 of the Indian Penal Code, pending in the court of Additional Chief Judicial Magistrate, Bettiah, West Champaran.

Allegation is that the accused persons including the petitioner committed murder of the daughter of the informant due to non-fulfilment of demand of dowry.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 11.04.2018 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. There is no other

Patna High Court CR. MISC. No.30475 of 2019(5) dt.26-08-2019 2/2 substantive evidence to suggest the implication of the petitioner in the present case nor there is any eye witness to the alleged occurrence.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R. He is the husband of the deceased. The onus is upon him to explain the cause of death of the deceased.

Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner. The same is rejected.

The Trial Court is directed to take all necessary steps to conclude the trial preferably within a period of nine months from the date of receipt/production of a copy of this order. (Sudhir Singh, J) Narendra/- U T