Ajay Chouhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48975 of 2023 Arising Out of PS. Case No.-365 Year-2022 Thana- NARHATT District- Nawada ====================================================== AJAY CHOUHAN SON OF KRISHNA CHAUHAN RESIDENT OF VILLAGE- PUNAUL, PS- NARHAT, DISTT- NAWADA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sudhir Kumar Sinha For the Opposite Party/s :

Mr.Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in a case instituted for the offence under Sections 304B, 201 and 120B of the Indian Penal Code.

3. The allegation against the petitioner along with others is of killing the elder daughter of the informant, due to nonfulfillment of further dowry demand.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner is the husband of the deceased. There is no prior complaint against the petitioner with regard to assaulting/ harassment/ torturing to the deceased. Petitioner is languishing in judicial custody since 02.12.2022.

Patna High Court CR. MISC. No.48975 of 2023(4) dt.06-11-2023 2/2

5. Learned APP for the State has opposed the application for bail and submitted that petitioner is the husband of the deceased and the sole responsibility of taking care of deceased(wife) is against her husband(petitioner) but he did not do so. From the perusal of the Postmortem report, it appears that the cause of death is Asphyxia due to strangulation of the neck and other external injuries have been found on the person of the deceased, which corroborates the prosecution case. During investigation several witnesses have also supported the prosecution case.

6. Having heard the learned counsel for the parties and considering the nature of allegation, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.

7. The trial Court is directed to conclude the trial expeditiously.

(Sunil Kumar Panwar, J) Arish/- U T