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Patna High CourtCR. MISC./54191/2023rejected

Guddu Kumar @ Guddu Chaudhary v. The State Of Bihar

2023-11-08Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54191 of 2023 Arising Out of PS. Case No.-104 Year-2023 Thana- TARIYANI CHOWK District- Sheohar ====================================================== Guddu Kumar @ Guddu Chaudhary Son Of Vijay Chaudhary Resident Of Village- Sumahuti, Ps- Tariyani, Dist- Sheohar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Sinha For the Opposite Party/s :

Mr.Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-11-2023 Heard learned counsel for the petitioner, informant and learned APP for the State.

2. The petitioner has prayed for bail in a case instituted for the offence under Sections 304B and 302/34 of the Indian Penal Code.

3. The allegation against the petitioner along with others is of killing the daughter of the informant, due to non-fulfillment of further dowry demand.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has

Patna High Court CR. MISC. No.54191 of 2023(3) dt.08-11-2023 2/3 committed no offence. Petitioner is the husband of the deceased. There is no consistent evidence of the alleged occurrence. On the basis of suspicion, petitioner has been implicated in the present case. Petitioner is languishing in judicial custody since 12.05.2023.

5. Learned APP for the State and learned counsel for the informant have opposed the application for bail and submitted that petitioner is the husband of the deceased and the sole responsibility of taking care of deceased is against her husband/petitioner but he did not do so. From the perusal of the impugned order, it appears that the deceased has died within three months of marriage under abnormal circumstances and the confessional statement of the petitioner has been recorded in which he has admitted his guilt that he killed the deceased (wife) by hanging her in the roof with the help of rope. From the perusal of the Postmortem report of the deceased, it appears that the deceased was died due to strangulation, which corroborates the prosecution case. During investigation several witnesses have also supported the prosecution case.

6. Having heard the learned counsel for the parties and considering the nature of allegation, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.

Patna High Court CR. MISC. No.54191 of 2023(3) dt.08-11-2023 3/3

7. The trial Court is directed to conclude the trial expeditiously.

(Sunil Kumar Panwar, J) Nirajkrs/- U T