Patna High CourtCR. MISC./73520/2018dismissed

Doman Chaudhary v. The State Of Bihar

2018-12-14Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.73520 of 2018 Arising Out of PS. Case No.-206 Year-2017 Thana- CHANDI District- Nalanda ====================================================== Doman Chaudhary Son of Bijendra Chaudhary Resident of VillageSindhuara,P.S. Chandi,Distt.-Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Birendra Kumar For the Opposite Party/s :

Mr. Sri Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 14-12-2018 The petitioner seeks regular bail in connection with Chandi P.S. Case No. 206 of 2017, registered for offences punishable under Sections 328, 302/34 of the Indian Penal Code.

Allegation against the petitioner is of causing death of his wife and two sons.

It has been submitted on behalf of the petitioner that he has falsely been implicated in this case and the real fact is that some poisonous substance was accidentally got mixed with the milk, which she feed two her two children and also consumed herself, resulting in their death and petitioner has no role to play in their deaths. Further submission is that the informant has also filed a petition that he lodged the case under misconception. Further submission is that the petitioner has been in judicial custody since 13.08.2018.

Patna High Court Cr.Misc. No.73520 of 2018(2) dt.14-12-2018 2/2 Learned counsel for the State opposed the prayer for bail.

Having heard both sides, considering the facts and circumstances of the case and the nature of allegation, I am not inclined enlarge the petitioner on bail.

This application is accordingly dismissed.

However, the trial court is directed to expedite the commitment as well as the trial of the case and once the informant and his family members are examined, the petitioner will be at liberty to renew his prayer for bail. (Vinod Kumar Sinha, J) sunilkumar/- U T