Patna High CourtCR. MISC./43923/2023bail rejected

Tuntun Thakur v. The State Of Bihar

2023-07-25Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43923 of 2023 Arising Out of PS. Case No.-899 Year-2022 Thana- MAJHAULIA District- West Champaran ====================================================== TUNTUN THAKUR Son of Late Nakchhed Thakur Resident of village - Ramnagar Bankat, ward no. 07, P.S. - Majhaulia, Distt. - West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Brij Kishor Mishra, Advocate For the Opposite Party/s :

Mr. Shahabuddin Azeem @ S. Azeem, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-07-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioner and learned A.P.P for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Manjhaulia P.S. Case No. 899 of 2022 dated 17.11.2022 registered for the offences u/ss 304B, 302, 201 read with section 34 of the Indian Penal Code.

4. As per the prosecution case, the petitioner and the co-accused persons are alleged to have committed murder of the informant's daughter and burnt her body due to non-fulfillment

Patna High Court CR. MISC. No.43923 of 2023(2) dt.25-07-2023 2/2 of demand of dowry.

5. Learned counsel for the petitioner has submitted that the petitioners is innocent and has falsely been implicated in this case. The petitioner neither demanded any dowry nor tortured the deceased. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 17.01.2023.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that the petitioner is the husband of the deceased.

7. Considering the aforesaid facts and circumstances of the case as well as the heinous nature of allegation against the petitioner, I am not inclined to enlarge the petitioner on bail.

8. However, learned trial court is directed to expedite the trial and conclude the same at the earliest.

9. The application stands rejected.

(Chandra Prakash Singh, J) guddukr/- U T