Vikash Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52493 of 2024 Arising Out of PS. Case No.-24 Year-2023 Thana- BAGENGOLA District- Buxar ====================================================== Vikash Choudhary Son of Mahesh Choudhary Resident of Vill and P.O.- Baruhan, P.S.- Bagen Gola, District- Buxar, Pin- 802134. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rewti Kant Raman, Advocate For the Opposite Party/s :

Mr. Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 20-09-2024 Heard Mr. Rewti Kant Raman, learned counsel for the petitioner and Mr. Arun Kumar Singh, learned APP for the State.

2. Petitioner seeks bail, who is in custody since 26.04.2023, in connection with Sessions Trial No. 196 of 2023 arising out of Bagen Gola P.S. Case No. 24 of 2023, F.I.R. dated 24.02.2023 registered for the offences punishable under Sections 304(B), 201/34 of the Indian Penal Code.

3. Allegation against the petitioner is of committing torture and caused death due to non-fulfillment of demand of dowry.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.52493 of 2024(4) dt.20-09-2024 2/3 petitioner has clean antecedent and he has been falsely implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offence as alleged in the F.I.R. He further submits that from perusal of the F.I.R. it appears that there is no specific allegation of any assault or overt act or demand of dowry attributed against the petitioner rather there is general and omnibus allegation against all the accused persons including the petitioner.

5. Learned Additional Public Prosecutor, on the other hand, vehemently opposed the prayer for bail of the petitioner and submits that it appears from the F.I.R. itself that the petitioner has disposed of the dead body of the deceased so cause of death has not been ascertained by the prosecution which raised suspicion against the petitioner that the petitioner might killed the deceased and dispose of the dead body of the deceased. He further submits that the petitioner is husband of the deceased and the main responsibility is upon the husband to take care of his wife.

6. Considering the aforesaid facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail in connection with Sessions Trial No. 196 of 2023 arising out of

Patna High Court CR. MISC. No.52493 of 2024(4) dt.20-09-2024 3/3 Bagen Gola P.S. Case No. 24 of 2023 pending in the Court of learned Additional District & Sessions Judge No. 4, Buxar.

7. Prayer is refused.

(Rajesh Kumar Verma, J) Ibrar//- U T