Shambhu Chaudhary @ Bhola Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40455 of 2024 Arising Out of PS. Case No.-10 Year-2024 Thana- KHAGAUL District- Patna ====================================================== Shambhu Chaudhary @ Bhola Chaudhary Son of Late Rajendra Chaudhary Resident of Quarter No.- 501/D, Neura Colony, Road No.- 17, P.S.- Khagaul, District - Patna.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shashi Ranjan, Advocate For the Opposite Party/s :
Mr. Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 31-07-2024 Heard learned counsel for the petitioner, learned APP for the State and perused the case diary.
2. The petitioner seeks bail in Khagaul P.S. Case No. 10 of 2024, instituted for the offences punishable under Sections 304B/34 of the Indian Penal Code.
3. The prosecution case, in short, is that, the daughter of the informant was killed due to non fulfilment of dowry.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. Learned counsel for the petitioner also submitted that the
Patna High Court CR. MISC. No.40455 of 2024(3) dt.31-07-2024 2/3 petitioner is the husband of the deceased and she committed suicide by hanging herself and there is no role of the petitioner in the alleged occurrence. At the time of occurrence, the petitioner was discharging his duty at the Railway Office. Learned counsel for the petitioner further submitted that the deceased was creating pressure upon the petitioner to add her name in the service book of the petitioner and also threatened him to commit suicide. The petitioner is in custody since 13.01.2024 and has got no criminal antecedent.
5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner. Learned counsel for the petitioner further submitted that there is specific allegation levelled against the petitioner for committing murder of the deceased due to non fulfilment of dowry. The petitioner is the husband of the deceased and the deceased died within seven years of her marriage in her matrimonial house. Hence, the petitioner does not deserve the privilege of bail.
6. Considering the nature of accusation against the petitioner and the gravity of the offence, this Court is not inclined to grant bail to the petitioner.
7. The prayer is rejected. The Trial Court is directed to expedite the trial expeditiously. However, if the trial is not
Patna High Court CR. MISC. No.40455 of 2024(3) dt.31-07-2024 3/3 concluded within a period of nine months from the date of receipt/production, the petitioner will have liberty to renew his prayer for bail in the Court below.
(Rudra Prakash Mishra, J) Rajorshi/- U T