← Library
Patna High CourtCR. MISC./56681/2015rejected

Rahul Chouhan @ Rahul v. The State Of Bihar

2016-02-05Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56681 of 2015 Arising Out of PS.Case No. -49 Year- 2015 Thana -PHULWARIA District- GOPALGANJ ======================================================

1. RAHUL CHOUHAN @ RAHUL Son of Shyam Sunder Chouhan Resident of Village- Chaturbhuj Majha, P.s Phulwaria, District Gopalganj. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rana Pratap Singh For the Opposite Party/s : Mr. Parmanand Prasad (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 05-02-2016 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking regular bail in connection with Phulwaria P.S. Case No.49 of 2015, registered for the offence under Section 304(B)/201/34 of the Indian Penal Code.

As per the FIR the petitioner and others were demanding dowry in the shape of motorcycle and cash and used to torture the deceased. On 17.4.2015, the deceased informed her parents through her mobile phone that the accused persons gave poison in her food and she started vomiting and feeling pain in abdomen, and ultimately, she succumbed to the injury.

Patna High Court Cr.Misc. No.56681 of 2015 (4) dt.05-02-2016 2/2 Learned counsel for the petitioner submits that the deceased has consumed the poison on account of the fact that the present petitioner met with an accident and became impotent and under the depression the deceased had consumed poison. However, the story that has been made out by the learned advocate for the petitioner is not supported by any witnesses but the facts are otherwise.

Considering the entire facts and circumstances of the case, this Court is not inclined to grant bail to the petitioner. Accordingly, the prayer for bail is rejected. However, the Trial Court is directed to conclude the trial within a period of one year from the date of receipt / production of a copy of this order. (Shivaji Pandey, J) pawan/- U