Patna High CourtCR. MISC./64788/2018dismissed

Karan Choudhary v. The State Of Bihar

2018-12-05Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.64788 of 2018 Arising Out of PS. Case No.-545 Year-2018 Thana- DEHRI TOWN District- Rohtas ====================================================== Karan Choudhary, Son of Ghurfekan Choudhary, Resident of Village- New Dillian, P.O. & P.S.- Dehri (T), District- Rohtas. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Sanjay Kumar Tiwary For the Opposite Party/s :

Mr. Sri Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 05-12-2018 Heard the parties.

The petitioner seeks regular bail in connection with S.Tr. No.309 of 2018 arising out of Dehri (T) Dalmiya Nagar P.S.Case No.545 of 2018 registered for offences punishable under Sections 302/201 of the Indian Penal Code. Allegation against the petitioner as per FIR is that the petitioner had taken away her daughter on 12.6.2018 and on 13.6.2018 her dead body was found in the canal and there is suspicion that the petitioner has killed her. Submission of the learned counsel for the petitioner is that marriage was solemnized on 4.6.2017 and the date of delivery is 31.12.2017 that clearly shows that the prosecution story to be false and further submission is that the petitioner

Patna High Court Cr.Misc. No.64788 of 2018(3) dt.05-12-2018 2/2 had left the informant and she was living in her Maike as such the story of killing her daughter by the petitioner is not probable.

Heard learned A.P.P. who has drawn my attention towards para nos. 8 and 21 of the case diary in which the mother and father of the informant have also supported the prosecution case that the daughter of the informant was taken by the petitioner and next day the dead body was found..

Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant bail to the petitioner, however, it appears that the case is fixed for framing of the charge, as such the learned trial court is directed to expedite the trial.

With the aforesaid observation, this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U T