Patna High CourtCR. MISC./43754/2024dismissed

Om Prakash Chouhan @ Chhotan Choudhary v. The State Of Bihar

2024-09-06Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43754 of 2024 Arising Out of PS. Case No.-236 Year-2023 Thana- KOCHAS District- Rohtas ====================================================== Om Prakash Chouhan @ Chhotan Choudhary Son Of Michan Chauhan Village- Lakri, P.S.- Kochas, Distt.- Rohtas At Sasaram ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Chhote Lal Mishra For the Opposite Party/s :

Mr. Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-09-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 328, 304(B)/34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner along with other co-accused persons is said to have killed the daughter of informant due to non-fulfillment of dowry demand.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. He submits that the petitioner has never demanded dowry from the deceased. He further submits that out of six charge-sheet witnesses, three

Patna High Court CR. MISC. No.43754 of 2024(3) dt.06-09-2024 2/2 witnesses have been examined. The petitioner is languishing in custody since 17.08.2023. The petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposed the prayer for bail.

6. Considering the facts and circumstances of the case and the that out of six charge-sheet witnesses, three witnesses have been examined, the Court is not inclined to grant regular bail to the petitioner. Accordingly, the prayer of regular bail of the petitioner is hereby rejected in connection with Kochas P.S. Case No. 236 of 2023.

7. However, if the trial is not concluded within six months, then the petitioner shall be at liberty to renew his prayer for bail.

(Anjani Kumar Sharan, J) anand/- U T