Ajay Chaudhary @ Ajay Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78207 of 2023 Arising Out of PS. Case No.-14 Year-2022 Thana- BRAHMPUR District- Buxar ====================================================== AJAY CHAUDHARY @ AJAY SAHNI Son of Raj Kumar Chaudhary Resident of Village - Bishupur, P.S.- Nainijore, District - Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhaskar Shankar, Advocate For the Opposite Party/s :

Mr.Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 08-12-2023

1. Heard the learned counsel for the petitioner and the learned APP for the State.

2. The present petition is by way of second attempt at the behest of the petitioner for grant of regular bail in connection with S.Tr. No. 449 of 2022 arising out of Brahmpur (Nainijore) P.S. Case No.14 of 2022, registered for the offence punishable under Sections 304(B), 201 and 34 of the Indian Penal Code, inasmuch as the earlier prayer of the petitioner for grant of bail was rejected by this Court by an order dated 25.01.2023, passed in Cr.Misc.No.42272 of 2022.

3. The allegation is regarding the accused persons including the petitioner herein, who is the husband of the deceased victim lady, having tortured the sister of the informant and killed her on account of non-fulfilment of the

Patna High Court CR. MISC. No.78207 of 2023(2) dt.08-12-2023 2/2 demand for dowry.

4. The learned counsel for the petitioner has submitted that the petitioner languishing in custody since 02.06.2022, however, there is no progress in the ongoing trial, hence a sympathetic view be taken for the purposes of grant of regular bail to the petitioner, herein.

5. Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

6. Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record this Court finds that not only the deceased victim lady was killed by the accused persons, including the petitioner, who is the husband of the deceased victim lady, but her dead body was also disposed off hurriedly with a view to wipe out the evidence, apart from the fact that there is no change in the circumstances so as to warrant reconsideration of the prayer of the petitioner for grant of regular bail, hence I do not find any merit in the present, thus the same stands dismissed.

(Mohit Kumar Shah, J) Saurav/- U T