Pintu Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39415 of 2020 Arising Out of PS. Case No.-198 Year-2019 Thana- DHANARUA District- Patna ====================================================== Pintu Chaudhary, S/o Chandradeep Chaudhary, R/o Village- Sain Chakiya, P.S.- Dhanara, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satish Chandra, Advocate For the Opposite Party/s :

Mr.Syed Mojibur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 05-03-2021 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Dhanarua P.S. Case No.198 of 2019 registered for the offence punishable under Section 304B/34 of the Indian Penal Code, which is pending in the court of Sri B.N. Tripathi, Judicial Magistrate, Masaurhi, Patna.

The informant has alleged that her daughter has been done to death by being administrated poison at her in-laws' house.

Petitioner's counsel submits that, in fact, the informant's daughter has committed suicide and the petitioner (husband) along with other family members have falsely been implicated in this case. The petitioner is in custody since

Patna High Court CR. MISC. No.39415 of 2020(3) dt.05-03-2021 2/2 12.07.2020.

The learned APP has drawn the attention of the Court towards the post-mortem report which has found poisoning of the victim.

In view of the aforesaid circumstances, viewed in the background of the statutory provisions under Section 304B I.P.C. and presumption arising therefrom, this Court, for the present, is not inclined to allow the prayer for bail. The same is rejected.

This Court would expect that the petitioner's counsel would honour his undertaking in the instant proceedings regarding supply of the requisite court fee etc. within two weeks from the date he is called upon to do so by the office. (Madhuresh Prasad, J) PNM U T