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Patna High CourtCR. MISC./42623/2021bail rejected

Tunna Chaudhary v. The State Of Bihar

2022-02-21Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42623 of 2021 Arising Out of PS. Case No.-30 Year-2020 Thana- SARMERA District- Nalanda ====================================================== TUNNA CHAUDHARY Son of Late Mishri Chaudhary Resident of Village - Jahangirpur, Kotra, Police Station - Sarmera, District - Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raj Kumar, Adv.

For the Opposite Party/s :

Ms. Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 21-02-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 304B and 34 of the Indian Penal Code.

As per the prosecution case, the daughter of the informant was married to the petitioner in the year 2018. Soon thereafter the accused persons including the petitioner herein started making demand of dowry to the tune of Rs.50,000/ and a motorcycle and threatened to kill the informant's daughter. Ultimately she was done to death.

It is submitted by learned counsel for the petitioner that the petitioner is the unfortunate husband of the deceased. The allegations of demand of dowry etc. are false and concocted. Even in course of investigation, it has transpired that

Patna High Court CR. MISC. No.42623 of 2021(3) dt.21-02-2022 2/2 it was over a trivial domestic dispute that the deceased set herself on fire. She was taken by the petitioner to the hospital where she died in course of treatment. Referring to the postmortem report, it is submitted that there is no burn injury on the face and skull of the deceased which would only be possible in a case of accidental death. The petitioner is in custody since 7.2.2020 and has no criminal antecedent.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case including the allegations of demand of dowry by the petitioner and the petitioner being the husband of the deceased together with the manner of occurrence, the Court is not inclined to enlarge the petitioner on bail and the application is rejected. Learned trial court is directed to expedite the trial. (Partha Sarthy, J) Saurabh/- U T