Chandra Mohan Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2544 of 2021 Arising Out of PS. Case No.-146 Year-2017 Thana- PAROO District- Muzaffarpur ====================================================== Chandra Mohan Ram Son of Late Jagarnath Ram Resident of Village - Raghunathpur, P.s.- Paroo, Dist.- Muzaffarpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nachiketa Jha, Adv.
For the Opposite Party/s :
Mr. Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-04-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceedings. The petitioner seeks bail in a case registered for the offence punishable under Sections 302/34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act. Informant has alleged that marriage of his sister was solemnized with the petitioner three years back but due to nonfulfillment of demand of motorbike, ring, chain etc in dowry, she was killed by her husband and other matrimonial people by pressing her neck.
Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He submits that informant is not the eye witness to the said occurrence. There is general and omnibus allegation of demand
Patna High Court CR. MISC. No.2544 of 2021(3) dt.13-04-2021 2/2 of dowry against all accused persons. No specific allegation against the petitioner. He further submits that petitioner has no criminal antecedent as stated in para-3 of the bail application and he is languishing in judicial custody since 20.04.2020. However, learned APP for the State opposes the prayer for bail stating therein that postmortem examination report incorporated in para-10 of the case diary reveals that the deceased died due to asphyxia as a result of ante-mortem hanging.
Considering the fact that petitioner is the husband of the deceased, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for bail is rejected in connection with Paroo P.S. Case No. 146/2017 pending before the court of the learned S.D.J.M. (west), Muzaffarpur.
However, learned trial court is directed to expedite the trial.
(Anjani Kumar Sharan, J) devendra/- U T