Chandan Chaudhary @ Chandan Bind v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87376 of 2024 Arising Out of PS. Case No.-90 Year-2023 Thana- CHAORI District- Bhojpur ====================================================== Chandan Chaudhary @ Chandan Bind Son of Late Wakil Chaudhary Resident of Village - Babubandh, Police Station - Chauri, District - Bhojpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Uday Kumar, Advocate For the Opposite Party/s :
Mr. Narendra Kumar Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 04-04-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. Petitioner seeks regular bail who is in custody since 11.05.2024 in connection with Chauri P.S. Case No. 90 of 2023, FIR dated 16.09.2023, registered for the offences punishable under Sections 304(B) and 34 of the Indian Penal Code.
3. The prosecution case, as per the First Information Report, is that marriage of the informant's daughter was solemnized with the petitioner in the year 2019. After the marriage, the petitioner along with other family members started demanding motorcycle and other valuables as dowry and also threatened the informant's daughter that if demand could not be fulfilled she would be killed. On 15.09.2023, in the evening, the informant's daughter was killed by hanging.
Patna High Court CR. MISC. No.87376 of 2024(4) dt.04-04-2025 2/3
4. Learned counsel for the petitioner submits that petitioner is the husband of the deceased and has not committed any offence in the manner alleged. The deceased has committed suicide due to minor domestic skirmishes .
5. Heard learned counsel for the parties and have gone through the materials on record. It appears that within seven years of marriage the deceased has died in her matrimonial home that of unnatural death. There is allegation of demand of dowry against the petitioner and other family members and due to non-fulfillment of the demand, the deceased has been killed. The nature of the death is not important whether it is homicidal, suicidal and/or accidental, there is specific allegation of demand of dowry in the FIR. There is presumption against the accused persons under Section 113-A and 113-B of the Evidence Act, 1872. This Court vide order dated 27.02.2025, passed in Criminal Misc. No.
87376 of 2024, had called for a report regarding stage of trial and in pursuance of this learned Additional District & Sessions Judge V, Civil Court Bhojpur at Ara has furnished report, stating therein that out of nine charge-sheet witnesses, five witnesses have been examined and cross-examined and four witness are yet to be examined. Estimated time for conclusion of the trial has been given within six months.
Patna High Court CR. MISC. No.87376 of 2024(4) dt.04-04-2025 3/3 the petitioner at this stage.
6. Accordingly, the prayer of petitioner for grant of regular bail is rejected.
7. However, the petitioner may renew his prayer for bail after six months if the trial is not concluded. (Anil Kumar Sinha, J) Siwani/- U T