Kamlesh Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66653 of 2021 Arising Out of PS. Case No.-177 Year-2019 Thana- PARASBIGHA District- Jehanabad ====================================================== KAMLESH CHAUDHARY Son of Late Jagmohan Chaudhary Resident of Village- Khaira, P.S.- Parasbigha in the district of Jehanabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar, Advocate Mr. Pankaj Kumar, Advocate For the Opposite Party/s :

Mr.Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 12-09-2022 Heard learned counsel for the petitioner and learned APP for the State.

Let the defect (s), as pointed out by the office, be removed within a period of four weeks from the date of resumption of physical filing and physical removal of defect. In the present case, the petitioner seeks bail in connection with Parasbigha P.S. Case No. 177 of 2019 registered for the alleged offences under Sections 304(B), 498(A) and 34 of the Indian Penal Code.

As per prosecution case, the daughter of the informant was burnt to death by the petitioner and other co-accused persons on account of their demand of dowry. The petitioner is the husband of the deceased.

Patna High Court CR. MISC. No.66653 of 2021(3) dt.12-09-2022 2/3 Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. No occurrence as alleged has ever taken place. It was an accidental fire and the deceased was preparing food and fire caught her clothes and she was badly burnt. She was brought to the clinic of local doctor and from where she was referred to Patna, admitted in a hospital where she was undergoing treatment. The petitioner informed the informant and narrated about the accident and the parents of the deceased also came to the hospital but the wife of the petitioner succumbed to her injuries. The parents of the deceased and her in-laws were also present but the informant concocted a false and fabricated story and implicated this petitioner and his family members in this case. None of the witnesses examined during investigation has stated anything about torture of the deceased and demand of dowry. Charge sheet has been submitted in this case and the petitioner is in custody since 21.07.2020.

Learned APP for the State opposes the prayer for bail of the petitioner submitting that the petitioner and others are accused of burning the wife of the petitioner on account of their demand of dowry.

Perused the records.

Patna High Court CR. MISC. No.66653 of 2021(3) dt.12-09-2022 3/3 Having regard to the fact and circumstances and submission made on behalf of the parties and considering the fact that the petitioner is the husband and there is allegation of causing death of his wife which is supported by the witnesses in case diary and in view of serious nature of allegation, I am not inclined to enlarge the petitioner on bail at this stage. Accordingly, his prayer for grant of bail is rejected. The trial court is directed to expedite the trial and conclude the same within a period of nine months. (Arun Kumar Jha, J) Gautam/- U T