Siya Saran Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2024 of 2018 Arising Out of PS. Case No.-95 Year-2017 Thana- LADANIA District- Madhubani ====================================================== Siya Saran Choudhary, Son of Late Satyanarayan Choudhary, Resident of Village- Pathalgadha, P.S.- Ladaniya, District- Madhubani. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Gagan Deo Yadav, Advocate For the State :

Mr. TAPESHWAR SHARMA, APP For the Informant :

Mr. Ramchandra Jha Raman, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-02-2018 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant. The petitioner seeks bail in Ladaniya P.S. case No.95 of 2017 registered under Sections 498A, 304B and 201/34 of the Indian Penal Code, pending in the court of A.C.J.M. IV, Madhubani.

Allegation is that the accused persons including the petitioner caused death of the daughter of the informant by strangulation.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 23.06.2017 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been

Patna High Court Cr.Misc. No.2024 of 2018(3) dt.22-02-2018 2/2 implicated in the present case due to mistake of fact. There is no other substantive evidence to suggest the implication of the petitioner in the present case nor there is any eye witness to the alleged occurrence.

On behalf of the State and the learned counsel for the informant, it is submitted that the petitioner is named in the F.I.R. He is the husband of the deceased. The onus is upon him to explain the cause of death of the deceased. The postmortem report corroborates the allegations made in the F.I.R. Considering the aforesaid facts and circumstances, I am not inclined to granted bail to the petitioner. The same is rejected. The Trial Court is directed to take all necessary steps to expedite the trial.

(Sudhir Singh, J) Narendra/- U T