Patna High CourtCR. MISC./45413/2024allowed

Anjee Chouhan @ Nandjee Chouhan v. The State Of Bihar

2024-07-02Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45413 of 2024 Arising Out of PS. Case No.-247 Year-2023 Thana- RAJPUR District- Buxar ====================================================== Anjee Chouhan @ Nandjee Chouhan S/O Shatrughna Chouhan R/O VillageJalahara, P.S.-Rajpur, Distt-Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Akhilesh Pandey For the Opposite Party/s :

Mr.Arvind Kumar Pandey (App 84) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has renewed his prayer of regular bail in a case registered for the offence punishable under sections 304B, 201/34 of the Indian Penal Code, which was dismissed as withdrawn vide order dt. 29.2.2024 in Cr. Misc. No. 78458 of 2023.

3. It is a case of dowry death of the daughter of the informant due to non-fulfillment of the dowry demand. The petitioner is husband of the deceased.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case as he is husband of the deceased. There is no prior complaint against the petitioner

Patna High Court CR. MISC. No.45413 of 2024(2) dt.02-07-2024 2/2 regarding demand of dowry or torturing the deceased. It is further submitted that the petitioner has no concern with death of the deceased rather she committed suicide herself. The petitioner has got no criminal antecedent and he is languishing in judicial custody since 23.6.2023.

5. From perusal of impugned order dated 30.5.2024, it is apparent that the charge has been framed against the petitioner and the case is fixed for prosecution evidence.

6. Learned APP appearing for the state has opposed the prayer of regular bail.

7. Considering the aforesaid facts and circumstances of the case as well as custody period of the petitioner, this court is inclined to enlarge him on bail. The above named petitioner is directed to be released on bail in connection with Rajpur P.S. Case No. 247 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-2, Buxar. (Sunil Kumar Panwar, J) amandeep/- U T