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Patna High CourtCR. MISC./7848/2021bail rejected

Shrinja Chaudhary v. The State Of Bihar

2021-08-24Mr. Justice Madhuresh Prasad3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7848 of 2021 Arising Out of PS. Case No.-21 Year-2019 Thana- CHUTIA SAHAYAK District- Rohtas ====================================================== Shrinja Chaudhary, S/o Nagina Chaudhary, R/o Village- Madhukupiya, P.S.- Chutia, District- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Surendra Kumar Mishra, Advocate For the Opposite Party/s :

Mr.Tarkeshwar Nath Thakur,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 24-08-2021 The matter has been taken up today for consideration through video conferencing.

The learned counsels are appearing and making submissions from their residence. The Court Master and Secretary are also part of this virtual Court proceedings from their homes, all with the aid of audio visual technology. Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with S.Tr. No.495 of 2019, arising out of Chutia P.S. Case No.21 of 2019, registered for the offence punishable under Section 302/34 of the Indian Penal Code, which is pending in the court of Smt. Aditi Gupta, learned Judicial Magistrate 1st Class, Dehri-OnSone, District-Rohtas.

Patna High Court CR. MISC. No.7848 of 2021(4) dt.24-08-2021 2/3 The informant has alleged that his daughter was married to instant petitioner ten years back and she was being subjected to cruelty. It is alleged that on the fateful day, she has been beaten to death by the petitioner and his family members. The informant has received information and reached the matrimonial home of his daughter to find her dead. It is submitted that there is no eye-witness to the occurrence. Further submission is that although there is no allegation by the prosecution that poison has been administered, such suspicion has been raised by the police. Without waiting for the viscera report, chargesheet has been submitted. The petitioner is in custody since 17.06.2020.

Learned APP has opposed the prayer for bail and submitted that from perusal of the inquest as well as postmortem report, it is apparent that the victim was found to have sustained injuries and blood was found oozing out from her nose and ears.

Considering the rival submissions as also the facts and circumstances of this case, this Court for the purposes of grant of bail is inclined to accept the submissions advanced by the learned APP. Prayer is rejected, for the present. This Court would expect that the petitioner's counsel

Patna High Court CR. MISC. No.7848 of 2021(4) dt.24-08-2021 3/3 would honour his undertaking in the instant proceedings regarding supply of the requisite court fee etc. within two weeks from the date he is called upon to do so by the office. (Madhuresh Prasad, J) PNM U T