Chandan Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47524 of 2022 Arising Out of PS. Case No.-271 Year-2021 Thana- PALASI District- Araria ====================================================== Chandan Choudhary S/o Sitaram Choudhari Resident of Village- Palasi Thakur Tola, Ward No.7, P.s.- Palasi, District- Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nafisuzzoha, Adv.

For the Opposite Party/s :

Mr. Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 07-12-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Palasi P.S. Case No. 271 of 2021 lodged under Sections 304(B) of the I.P.C.

As per the prosecution case, the informant has made allegation that marriage of his daughter took place 4 year back and just after marriage, the petitioner used to torture and assault his daughter for dowry. It has been stated that the informant has specifically alleged that on 18.12.2021, the petitioner has provided poison to his wife in result, she died. The informant has narrated that petitioner used to torture to the deceased and

Patna High Court CR. MISC. No.47524 of 2022(4) dt.07-12-2022 2/2 on the said date also quarrel took place between them. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. Learned counsel submits that petitioner's antecedent is clean and in custody since 20.12.2021. The allegation of killing by virtue of providing poison is absolutely false and may not be accepted. Learned counsel submits that it is a case of suicide and not a case of murder Learned counsel for the State opposes the prayer for bail and submits that it is a case under Section 304(B) of the I.P.C.

In the present facts and circumstances of this case and the submissions made above, I am not inclined to grant bail to the petitioner. Therefore, the bail application of the petitioner is hereby rejected.

The Trial Court is directed to expedite the trial and conclude in 9 months.

With this observation, the bail application stands rejected.

(Dr. Anshuman, J.) prakashmani/- U T