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Patna High CourtCR. MISC./17434/2015rejected

Manoj Chaudhary v. State Of Bihar And ANR

2015-05-08Mr. Justice Aditya Kumar Trivedi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17434 of 2015 Arising Out of PS.Case No. -16 Year- 2015 Thana -PAKARIBARAW District- NAWADA ====================================================== MANOJ CHAUDHARY SON OF LATE PRASADI CHAUDHARY, RESIDENT OF VILLAGE - JALPAR, P.S. - PAKRI BARAWAN, DISTRICT - NAWADAH.

.... .... PETITIONER/S

VERSUS

1. THE STATE OF BIHAR.

2. BUDHAN CHAUDHARY, SON OF LATE TILAR CHAUDHARY, RESIDENT OF VILLAGE - KADIRIGANJ, P.S. KADIRIGANJ, DISTRICT - NAWADAH.

.... .... OPPOSITE PARTY/S ====================================================== Appearance:

For the Petitioner/s : Mr. Arjun Prasad, Adv.

For the Opposite Party/s : Mr. Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 08-05-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor.

Petitioner is the husband who has been made sole accused in this case for causing death of deceased Usha Devi, by the informant, father of Usha Devi. Furthermore, there happens to be specific assertion that deceased was regularly tortured by the petitioner for satisfaction of demand of dowry. Learned counsel for the petitioner referring Annexure-2, a petition filed by the informant, submitted that case has been compromised amongst the parties and so, in the changed scenario, petitioner should be released on bail. Learned Additional Public Prosecutor opposed the prayer.

Patna High Court Cr.Misc. No.17434 of 2015 (2) dt.08-05-2015 Gone through the FIR as well as the order impugned. The order impugned has been passed after going through the case diary wherefrom it is apparent that ligature mark was found around the neck at the time of inquest which itself speaks a lot regarding the mode of occurrence. Furthermore, the witnesses have had also supported the prosecution version.

Prayer for bail is rejected.

(Aditya Kumar Trivedi, J.) PN/- U T