Subhash Chauhan And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.8152 of 2016 Arising Out of PS.Case No. -129 Year- 2015 Thana -KOCHAS District- SASARAM (ROHTAS) ======================================================
1. Subhash Chauhan
2. Meghu Chauhan Both are sons of Jawahar Chauhan
3. Jawahar Chauhan, son of Late Bhagelu Chauhan
4. Karmu Chauhan, son of Amaresh Chauhan All are resident of VillageBahtuliya, P.S.- Kochas, District- Rohtas. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Md. Ataul Haque For the Opposite Party/s : Mr. J.N. Thakur(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 18-03-2016 Heard learned counsels for the petitioners and the State. The petitioner no.1 being the husband of the victim and petitioner petitioner nos. 2 to 4 being the brother, father and cousin of petitioner no.1 are languishing in jail since 18.01.2016 in a case registered for the offences punishable under Sections 498A and 307/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.
The prosecution case as per the fardbeyan of the victim is that she was married with petitioner no.1, Subhash Chauhan on 25.05.2015, immediately thereafter torture was inflicted for nonfulfillment of the dowry demand of `50, 000/-. On 01.11.2015, petitioner no.1 came after losing `5,000/- in gambling and further
Patna High Court Cr.Misc. No.8152 of 2016 (3) dt.18-03-2016 2/2 demanded money from the victim otherwise threatened to cause burn injuries. It is further alleged that on 01.11.2015 itself at 9 PM in the night, petitioner nos. 2 to 4 tied the hands and legs of the informant when petitioner no.1 poured kerosene oil and petitioner no.3 being the father-in-law of the victim lit fire. Subsequently the victim succumbed the injuries.
It is submitted by learned counsel for the petitioner that during investigation, independent witnesses have not supported the accusation and the victim received accidental burn injuries. Considering the fact that the victim died within six months of the marriage and there is specific accusation against the petitioners, this Court is not inclined to grant bail to them. Accordingly, the prayer for bail of the petitioners is rejected in connection with Kochas P.S. Case No. 129 of 2015 pending in the court of learned CJM, Rohtas at Sasaram. Let the trial be expedited.
(Dinesh Kumar Singh, J) Amrendra/- U T