Patna High CourtCR. MISC./48895/2019rejected

Munna Chaudhary v. The State Of Bihar

2019-12-04Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48895 of 2019 Arising Out of PS. Case No.-39 Year-2019 Thana- CHAKAND District- Gaya ====================================================== MUNNA CHAUDHARY Son of Ram Nandan Choudhary Resident of Village- Sodhana, P.S.- Chakand, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Deepak Kumar For the Opposite Party/s :

Mr.Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 04-12-2019 Heard both sides.

The petitioner seeks bail in Chakand P.S. case No. 39/2019 registered under Section 304B/34 of the IPC and u/s 3⁄4 of Dowry Prohibition Act.

The brother of the deceased alleged that on 03.04.2019 he got information that his sister took poison. The informant further alleged that her in-laws subjected her to all sorts of torture for non fulfillment of demand of dowry. The informant talked with Munna Chaudhary, husband of his sister, who disclosed that his sister was suffering from abdominal pain and she was under treatment. Munna Chaudhary asked him to come on the next day but the informant went to the house of his sister and found that saline was being injected. The informant took his sister to ANMCH where his sister died.

Patna High Court CR. MISC. No.48895 of 2019(5) dt.04-12-2019 2/2 The learned counsel for the petitioner submits that petitioner got treatment of his wife. The post mortem report does not show that the deceased died of poisoning. The cause of death is still unknown but it appears from the post mortem report that the viscera was kept preserved and sent to FSL for chemical examination. All the vital organs were full with blood and blood clots. There was internal hemorrhage and it is a suspected case of poisoning. The petitioner is the husband. Wife of the petitioner died within one year of her marriage with the petitioner.

Taking into consideration the facts aforesaid, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J) BKS/- U T