Pintu Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.5617 of 2021 Arising Out of PS. Case No.-78 Year-2019 Thana- PIPRA District- Patna ====================================================== PINTU CHAUHAN Son of late Devanand Chauhan Resident of VillageParthu, P.S.- Pipra, District- Patna. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Arvind Prasad Singh, Advocate For the Opposite Party/s :

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 28-07-2021 Learned counsel for the petitioner undertakes to remove all the defects pointed out by the Stamp Reporter within four weeks after start of normal functioning of the Court. Heard learned counsel for the petitioner and Mr. Manoj Kumar, learned APP for the State.

The petitioner in the present case is seeking regular bail in connection with S. Tr. No. 1011 of 2019 arising out of Pipra P.S. Case No. 78 of 2019 registered for the offences punishable under Section 341, 323, 498(A), 304(b) of the Indian Penal Code and 3/4 of Dowry Prohibition Act.

Learned counsel for the petitioner submits that as per the prosecution story, the marriage of the daughter of the informant has been solemnized with the petitioner in year 2018.

Patna High Court CR. MISC. No.5617 of 2021(4) dt.28-07-2021 2/3 After one year of marriage the petitioner and her in-laws started torturing her for non-fulfillment of demand of dowry thereafter they burnt her to death.

It is the submission of learned counsel for the petitioner that the petitioner is innocent and has been falsely implicated in this case. It is further submitted that the deceased died when she was cooking food. The petitioner is in custody since 9.6.2020 having no criminal antecedent. Learned APP for the State has opposed the prayer for bail of the petitioner. It is his submission that in the case diary the statement of witnesses in paragraphs '30', '31' and '32' have supported the allegation of torture.

Having regard to the facts and circumstances of the case wherein this petitioner is said to be the husband of the deceased, the marriage was solemnized in the year 2018 and within one year of marriage the wife of the petitioner died due to burn injuries in her matrimonial home, the allegation against the petitioner is that he was demanding a sum of Rs. 50000/- as dowry after marriage and due to non-fulfillment of the said demand he used to torture the victim lady, in the case diary the statement of the witnesses in paragraphs '30', '31' and '32' have been referred by learned APP to submit that these witnesses have

Patna High Court CR. MISC. No.5617 of 2021(4) dt.28-07-2021 3/3 supported the allegation of torture being meted out to the deceased by this petitioner, this Court is not inclined to release the petitioner on bail. The prayer for regular bail of the petitioner is, thus, refused.

Since the charge has already been framed in this case, let the trial be expedited.

(Rajeev Ranjan Prasad, J) SONALI/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.