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Patna High CourtCR. MISC./45745/2019dismissed

Nagendra Chaurasia v. The State Of Bihar

2019-09-20Mr. Justice Prabhat Kumar Singh1 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45745 of 2019 Arising Out of PS. Case No.-53 Year-2019 Thana- HUSSAINGANJ District- Siwan ====================================================== Nagendra Chaurasia Son of Late Prithivi Nath Chaurasia Resident of Village - Judkan, P.S. - Hussainganj, District - Siwan. ... Petitioner

Versus

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

For the Petitioner :

Mr.Rakesh Kumar Shrivastava, Advocate For the Opposite Party :

Mr.Nand Kishore Prasad, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-09-2019 Heard learned counsel for the parties and perused the case diary.

Petitioner is an accused in a case registered for the offence punishable under sections 498A/304B of the Indian Penal Code on the allegation that he killed his wife by setting her on fire.

Learned counsel for the petitioner submits that the informant is not the father of the victim. Victim, in a destitute condition, was married to the petitioner. There is no allegation in the FIR that the petitioner ever demanded dowry from the informant and committed torture on the victim, who herself committed suicide which fact has also been corroborated by the evidence of witnesses mentioned in paragraphs 7,8 19 & 20 of the case diary. Petitioner is in custody since 3.3.2019. Petitioner is the husband of the victim who has been killed within seven years of marriage, prayer for bail of the petitioner is rejected.

(Prabhat Kumar Singh, J) Shashi U T