IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40443 of 2021

Arising Out of PS. Case No.-49 Year-2010 Thana- KHIJARSARAI District- Gaya

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KANHAIYA CHAUDHARY @ KANHAIYA LAL Son of Ram Ishwar

Choudhary Resident of Village - Milky, P.S.- Khizarsarai, District - Gaya.

... ... Petitioner/s

Versus

The State of Bihar Bihar

... ... Opposite Party/s

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Appearance :

For the Petitioner/s

:

Mr.Syed Asgher Najmi

For the Opposite Party/s :

Mr. Manoj Kumar APP

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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA

ORAL ORDER

4

18-05-2022

Heard both sides.

Petitioner seeks regular bail in connection with

Khizarsarai PS Case No. 49 / 2010 registered under Section

302 / 34 of the IPC.

The allegation is that the petitioner was married to the

sister of the informant about 15 years ago and out of wedlock

three children had born. After death of first wife i.e. sister of

the informant, petitioner performed second marriage with

another lady and the step mother and petitioner started

assaulting the deceased i.e. son of the petitioner from the first

wife and finally they administered poison to the informant’s

nephew and fled away from their home.

Learned counsel for the petitioner submits that

petitioner is the father of the deceased and has falsely been

implicated along with step mother of the deceased due to the

fact that informant being the brother- in- law of the petitioner

was not happy that the petitioner had performed second

marriage with another lady. He further submits that the deceased

Patna High Court CR. MISC. No.40443 of 2021(4) dt.18-05-2022

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might have consumed poison and died. During the course of

investigation none of the independent witnesses have said that

petitioner administered poison to the deceased.

On the other hand, learned counsel for the State

referring to the case diary submits that from the post mortem

report it is evident that deceased was administered poison and

deceased being of the age of about ten years may not commit

suicide. He further submits that other witnesses during the

course of investigation have supported the prosecution story.

Regard being had to the submissions made by the

parties, taking into consideration the fact that deceased is minor

aged about ten years, there is direct allegation of administering

poison to him by the petitioner and his second wife and during

the course of investigation no evidence has come that deceased

has committed suicide, as such, I am not inclined to grant

regular bail to the petitioner.

The prayer for grant of regular bail is rejected.

Let the trial be expedited.

praful/-

(Anil Kumar Sinha, J)

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