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Patna High CourtCR. MISC./48919/2019rejected

Naresh 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.48919 of 2019 Arising Out of PS. Case No.-81 Year-2018 Thana- PARAIYA District- Gaya ====================================================== NARESH CHAUDHARY S/o Late Nanhak Chaudhary Resident of VillageMohandih, P.S.- Kothi, Distt.- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Sharma For the Opposite Party/s :

Mr.Bharat Bhushan(App156) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 04-12-2019 Heard both sides.

The petitioner seeks bail in Paraiya P.S. case No. 81 of 2018 registered under Section 302, 201,34 of the IPC. The informant is the wife of the petitioner. The informant alleged that she and her father-in-law were working as daily wage worker in a brick kiln. Her husband came and picked up quarrel with her making allegation that she had illicit relation with her father-in-law and on the same night the petitioner killed his father and disclosed that his father died due to fall but later on the informant came to know that petitioner after killing his father took the dead body to the house of his brother and hurriedly cremated the same.

The learned counsel for the petitioner submits that in fact father of the petitioner died due to fall but at the instance of

Patna High Court CR. MISC. No.48919 of 2019(7) dt.04-12-2019 2/2 owner of the brick kiln the petitioner has falsely been implicated in the case. There is no material to show that petitioner killed his father but it appears that it was the petitioner who killed his father by assaulting him with spade and on the basis of information given by the petitioner the spade was recovered. 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