Kamlesh Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43103 of 2019 Arising Out of PS. Case No.-222 Year-2017 Thana- RAHUI District- Nalanda ====================================================== Kamlesh Chauhan Son of Ramdeo Chauhan Resident of Village - Lakshmipur, P.S.- Rahul, District- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Premchandra Yadav, Advocate For the State :

Mr. Binod Kumar, APP For the Informant :

Mr. Satya Prakash, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 16-11-2019 Heard learned counsel for the petitioner; learned APP for the State and learned counsel for the informant, who has suo motu appeared.

2. The petitioner has moved the Court seeking pre-arrest bail in connection with Rahui PS Case No. 222 of 2017 dated 11.08.2017 instituted under Sections 304(B)/34 of the Indian Penal Code.

3. The allegation against the petitioner is of killing the niece of the informant, who was the wife of the petitioner.

4. Learned counsel for the petitioner submitted that the marriage was performed in the year 2015 and occurrence is of the year 2017 and the post-mortem report reveals that she was carrying pregnancy of five months. Learned counsel submitted that in the past there is no documented report of any demand of dowry

Patna High Court CR. MISC. No.43103 of 2019 dt.16-11-2019 2/3 or torture and further that on the date of occurrence, it was rainy season and the body was found in a pain and death may have resulted from an accident as she had gone to answer the call of nature and had drowned. It was submitted that in the same pain, in the past also, some children had drowned. Learned counsel submitted that the petitioner, being the husband, cannot be expected to have killed the wife, especially when she was five months pregnant. Learned counsel submitted that in the initial investigation, all the witnesses had supported that the death was due to accident and the petitioner was not responsible for the same and even the Deputy Superintendent of Police had accepted the finding but the Superintendent of Police had re-supervised the case and directed for submitting charge sheet against the petitioner. It was further submitted that in the post-mortem report no external injury has been found and only water has been found in the lungs and stomach and the opinion was that death was due to drowning.

5. Learned APP, from the case diary, could not controvert the submissions made by learned counsel for the petitioner.

6. Learned counsel for the informant submitted that right from the time of marriage the petitioner was torturing the deceased for dowry and that the deceased used to come and stay with the

Patna High Court CR. MISC. No.43103 of 2019 dt.16-11-2019 3/3 informant, who was her uncle. However, on a query of the Court as to whether there was any documented evidence with regard to torture or demand of dowry in the past and also whether the postmortem report discloses any external injury, he was not in a position to show to the Court any complaint made regarding torture and demand of dowry or there being any external injury marks found on the body of the deceased.

7. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within four weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs.25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nalanda at Biharsharif in Rahui PS Case No. 222 of 2017, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

(Ahsanuddin Amanullah, J) Anjani/- AFR/NAFR U T