Lakhindra Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27729 of 2016 Arising Out of PS.Case No. -213 Year- 2015 Thana -CHAKIA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Lakhindra Choudhary Son of Mohan Choudhary, resident of village - Harpur Nag, P.S. Mehsi, District - East Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sunil Kumar No.III, Advocate For the Opposite Party/s : Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-09-2016 A supplementary affidavit has been filed on behalf of the petitioner. The same may be kept on the record. The learned counsel for the petitioner seeks permission to make necessary correction in paragraph 3 of the petition in the light of the supplementary affidavit.

Heard learned counsel for the Petitioner and the State. The Petitioner seeks bail in Sessions Trial No.205 of 2016 arising out of Chakiya P.S. case No.213 of 2015 instituted for the offence under Sections 304(B) and 201/34 of the Indian Penal Code, pending in the court of the 8th Additional Sessions Judge, East Champaran, Motihari.

The accusation is that the accused persons including the petitioner have committed murder of the sister of the informant

Patna High Court Cr.Misc. No.27729 of 2016 (4) dt.15-09-2016 2/2 due to non-issuance of child as also due to non-fulfilment of demand of dowry.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 6.10.2015 and the charge sheet has been submitted in the present case. There is no allegation of tampering of witnesses alleged against the petitioner. There is no eye witness to the alleged occurrence. No specific injury has been attributed against the petitioner.

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. Charge sheet has been submitted for offence under Section 302 of the I.P.C. The onus is upon the petitioner 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 Court below is directed to take all necessary steps to expedite the trial.

(Sudhir Singh, J) Narendra/- U T