Manchan Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5975 of 2019 Arising Out of PS. Case No.-23 Year-2018 Thana- ALIPUR District- Gaya ====================================================== 1.

Manchan Singh and Anr Son of Shiv Pujan Singh Resident of VillageKutunpur, P.S.-Alipur 2.

Shiv Pujan Singh Son of Late Babu Lal Singh Resident of Village-Kutunpur, P.S.-Alipur ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Prabhu Narayan Sharma For the Opposite Party/s :

Mr.Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-04-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in a case registered under Sections 341, 323, 498A, 304B/34 of the Indian Penal Code. The prosecution case, in brief, is of committing torture and caused death of the victim due to non-fulfillment of demand of dowry.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners are in custody since 20-09-2018. The alleged occurrence is said to be of 23-03-2018 and the FIR has

Patna High Court CR. MISC. No.5975 of 2019(3) dt.08-04-2019 2/2 been instituted on 28-03-2019. The delay in instituting the FIR has not been explained by the prosecution. The petitioners have been falsely implicated in the present case. The petitioner No. 1 is husband of the deceased. The onus is on the petitioner No. 1 to explain the cause of death. The cause of death has not been explained by the petitioners.

From perusal of the FIR itself, it appears that before death, the deceased disclosed to the informant that she had been done to death by the family members of the petitioners. On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioners. Accordingly, prayer for bail of the petitioners in connection with Alipur P.S. Case No. 23 of 2018 is rejected.

Concerned trial court is directed to expedite the trial of the petitioners.

(Sudhir Singh, J) A.K.V.//- U T