Brij Kumar Chauhan @ Braj Kumar Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69683 of 2021 Arising Out of PS. Case No.-254 Year-2020 Thana- DURAULI District- Siwan ====================================================== BRIJ KUMAR CHAUHAN @ BRAJ KUMAR CHAUHAN Son of Ram Pravesh Chauhan R/O of vill.- Kanaila, P.S.- Darauli, District - Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Pandey For the Opposite Party/s :

Mr.Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 21-09-2022 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Darauli P.S. Case No. 254 of 2020 registered for the offences punishable under Section 304(B)/34 of the Indian Penal Code. As per prosecution case, petitioner and others concertedly killed the informant's daughter for non-fulfillment of demand of dowry.

Learned counsel for the petitioner submits that petitioner is in custody since 27.08.2021 and bears no criminal antecedent. Charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution

Patna High Court CR. MISC. No.69683 of 2021(3) dt.21-09-2022 2/2 evidence. He further submits that there is general and omnibus allegation levelled against him. The deceased died due to illness and there is no demand of dowry. Petitioner is falsely implicated in the case.

The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner as informant's daughter died within seven years of marriage and there is allegation of torture against petitioner and petitioner's family members. Petitioner is the husband of deceased. Considering the facts and circumstances of the case, nature of allegation levelled against the petitioner as well as legal presumption of law, material available on record, I am not inclined to grant bail to the petitioner. Accordingly, the prayer for bail of the present petitioner is hereby rejected. However, the learned trial court is directed to expedite the trial.

(Alok Kumar Pandey, J) vasudha U T