Patna High CourtCR. MISC./45369/2023rejected

Dipu Chauhan v. The State Of Bihar

2023-08-30Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45369 of 2023 Arising Out of PS. Case No.-114 Year-2023 Thana- BUXAR District- Buxar ====================================================== DIPU CHAUHAN Son of Paras Chauhan @ Paras Noniya Resident of Village - Nai Bazar, Ward No.- 6, P.S.- Buxar (Town), District - Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shree Kant Pandey, Adv.

For the Opposite Party/s :

Mr. Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 30-08-2023

1. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. Petitioner, who is in custody since 25.02.2023 seeks bail, in connection with Buxar (Town) P.S. Case No.114/2023, dated 24.02.2023, for the offence punishable under Section 304B/34 of the IPC.

3. According to prosecution case, the petitioner is alleged to have committed murder of the deceased due to nonfulfillment of the demand of dowry.

4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has falsely been implicated in the present case only on the ground that the petitioner is husband of the deceased. He further submits that in fact the deceased has died due to illness.

Patna High Court CR. MISC. No.45369 of 2023(3) dt.30-08-2023 2/2

5. Learned Additional Public Prosecutor for the State on the other hand has vehemently opposed the prayer for bail of the petitioner and submits that it has come during investigation that the petitioner has committed murder of his wife and the postmortem report suggests that bruises marks were present on the neck of the deceased and death was caused due to asphyxia following ante mortem throttling.

6. Considering the aforesaid facts, I am not inclined to enlarge the petitioner on bail in connection with Buxar (Town) P.S. Case No.114/2023, pending in the court of learned Additional District & Sessions Judge-III, Buxar.

7. Prayer is refused.

(Rajesh Kumar Verma, J) amit/- U T