Dularchand Chaupal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45272 of 2022 Arising Out of PS. Case No.-55 Year-2022 Thana- MANIGACHI District- Darbhanga ====================================================== DULARCHAND CHAUPAL SON OF BAUN CHAUPAL @ BAUAN CHAUPAL R/O VILLAGE- BHATPURA, P.S.- MANIGACHHI, DISTRICTDARBHANGA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nilendu Kumar Choudhary, Advocate For the Opposite Party/s :

Ms.Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 12-01-2023 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Manigachhi PS case no. 55 of 2022 instituted for the offences punishable under Sections 304B, 306 of the Indian Penal Code.

The allegation is regarding the petitioner having killed his wife on account of non-fulfilment of the demand for dowry.

The learned counsel for the petitioner submits that the petitioner is innocent, has been falsely implicated in the present case, is having a clean antecedent and he is languishing in custody since 12.04.2022. The learned counsel

Patna High Court CR. MISC. No.45272 of 2022(3) dt.12-01-2023 2/2 for the petitioner has further submitted that a bare perusal of the FIR would show that the petitioner had informed the relatives of the deceased victim lady, whereafter, they had arrived along with the police and the petitioner was arrested, hence, the petitioner did not have any intention to flee away and it cannot be said that he had murdered his wife. Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also those available in the case diary, this Court finds that there are ample materials to connect the petitioner with the alleged crime, hence, I am not inclined to grant bail to the petitioner herein, thus, the present petition stands dismissed.

(Mohit Kumar Shah, J) rinkee/- U T