Chandan Kumar @ Chandan Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2303 of 2020 Arising Out of PS. Case No.-263 Year-2018 Thana- ATHMALGOLA District- Patna ====================================================== CHANDAN KUMAR @ CHANDAN KUMAR SINGH Son of Sunil Singh Resident of Village - Bujruk, P.S.- Athmalgola, Distt - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Kashyap For the Opposite Party/s :

Mr.Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 16-01-2020 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Athmalgola PS case no. 263 of 2018 registered for the offences punishable under Sections 304(B), 201, 120(B)/34 of Indian Penal Code.

The allegation, according to the informant is that he had married her third daughter namely Manwi Devi with the petitioner on 05.05.2014, however after her daughter had gone to her matrimonial home, she was being abused, assaulted and tortured by the accused persons including the petitioner herein on account of non-fulfilment of the demand for dowry and after sometime, her daughter and the petitioner herein were blessed with a female child, whereupon the accused persons had increased the intensity of

Patna High Court CR. MISC. No.2303 of 2020(2) dt.16-01-2020 2/3 torture being meted out to the daughter of the informant at the hands of the accused persons. It is further alleged that finally, the accused persons including the petitioner herein had killed the deceased victim lady on account of non-fulfilment of the demand for dowry.

The learned counsel for the petitioner has submitted that the petitioner is innocent and has been falsely implicated in the present case. It is further submitted that the petitioner is having a clean antecedent and the co-accused persons have already been granted anticipatory bail by a Co-ordinate Bench of this Court.

I have heard the learned counsel for the parties and perused the materials on record as also considered the submissions advanced by the learned counsel for the parties. This Court finds that the accused persons are alleged to have killed the daughter of the informant on account of non-fulfilment of the demand for dowry and petitioner being the husband of the deceased victim lady, is the main accused whose interrogation is necessary for the purposes of unearthing the truth, however nothing has been brought to the notice of this Court to show that the petitioner herein has joined investigation in between the period starting from the date of registration of

Patna High Court CR. MISC. No.2303 of 2020(2) dt.16-01-2020 3/3 F.I.R. i.e. 27.10.2018 till date.

Considering the gravity of offence and the serious nature of accusation coupled with the fact that till date, the petitioner has not joined investigation as also taking into account the fact that the petitioner is the husband of the deceased victim lady, no case is made out qua the petitioner herein, atleast for the purposes of consideration of the prayer of the petitioner for grant of anticipatory bail, hence the present petition stands dismissed.

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