Chanchal Kumar Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69828 of 2021 Arising Out of PS. Case No.-90 Year-2021 Thana- RAJEPUR District- East Champaran ====================================================== CHANCHAL KUMAR CHAUDHARY S/O SANJAY CHAUDHARY R/o villageVishunpur Tara, Kash Pakari, P.S.- Madhuban, District- East Champaran ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Damodar Prasad Tiwary ====================================================== 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 Rajepur P.S. Case No.90 of 2021 registered for the offences punishable under Sections 304-B/34 of the Indian Penal Code. As per prosecution case, it is alleged that the informant's daughter committed suicide as the informant was helpless to fulfill the demand of dowry made by petitioner and others.

Learned counsel for the petitioner submits that petitioner is in custody since 06.9.2021 and bears no criminal antecedent. He further submits that from perusal of F.I.R., it appears that the informant's daughter committed suicide at the

Patna High Court CR. MISC. No.69828 of 2021(4) dt.21-09-2022 2/2 house of informant itself. The petitioner was not present at the house of informant. Petitioner is quite innocent and has been falsely implicated in the case.

The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner. Learned counsel further submits that there is demand of dowry by the petitioner and his family members and informant's daughter committed suicide as informant failed to fulfill the demand of dowry. The same is supported and corroborated by the postmortem report and the occurrence occurred within seven years of marriage. The petitioner is husband of the deceased Considering the facts and circumstances of the case, nature of allegation levelled against the petitioner as well as legal presumption of law and also taking into consideration the materials available on record, I am not inclined to grant bail to the petitioner. Accordingly, prayer for bail of petitioner is hereby rejected.

However, the learned trial court is directed to expedite the trial.

(Alok Kumar Pandey, J) vasudha/- U T