Ramesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6364 of 2019 Arising Out of PS. Case No.-143 Year-2018 Thana- KALUAHI District- Madhubani ====================================================== Ramesh Singh, aged about 40 years, Son of Ram Narayan Singh, Resident of Bharat Patti, P.S.-Kaluahi, District-Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gagan Deo Yadav For the Opposite Party/s :

Mr.Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05-02-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 25.09.2018 in a case registered for the offences punishable under Sections 302 and 304B/34 of the Indian Penal Code. The prosecution case as per the written report of Hira Devi dated 08.09.2018 submitted to the Station House Officer of Kaluahi Police Station is to the effect that the informant's daughter, Priyanka Kumari was married with the petitioner, Ramesh Singh about six years prior to the lodging of the case, consequently they were blessed with a daughter and a son, but after the marriage, she was being tortured for non-fulfillment of further dowry demand of Rs.Two lakhs, a motorcycle and other household articles. On 07.09.2018 at 2.00 P.M., an unknown

Patna High Court Cr.Misc. No.6364 of 2019(2) dt.05-02-2019 2/3 person informed the informant that her daughter has been killed by her in-law family members and the dead body has been thrown in the pond.

It is submitted by learned counsel for the petitioner that the petitioner is the husband of the victim. The accusation of demand of dowry after six years of marriage appears to be unreasonable and unbelievable. It is further submitted that, in fact, the victim went missing and the search was being made and subsequently, the dead body of the victim was recovered from a pond. The accusation of forceful drowning the victim is not corroborated by the medical opinion which does not suggest external injury, particularly, resisting injury and the cause of death has been opined by the doctor due to asphyxia caused by drowning.

Learned APP submits that the thrust of accusation is against the petitioner, who is the husband of the victim, who died after six years of the marriage.

Considering the fact that the investigation being concluded and the accusation of forceful drowning not being corroborated with the medical opinion, let the above named petitioner be released on bail, on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount

Patna High Court Cr.Misc. No.6364 of 2019(2) dt.05-02-2019 3/3 each to the satisfaction of learned Judicial Magistrate, Ist Class, Madhubani in connection with Kaluahi P.S. Case No. 143 of 2018.

(Dinesh Kumar Singh, J) DKS/- U T