Chandan Kumar @ Chandan Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.31295 of 2015 Arising Out of PS.Case No. -308 Year- 2014 Thana -DEEPNAGAR District- NALANDA (BIHARSHARIFF) ======================================================
1. Chandan Kumar @ Chandan Kumar Singh Son of Prahalad Singh Resident of Village - Fatehli, Police Station - Deep Nagar, District - Nalanda.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Mukesh Kumar For the Opposite Party/s : Mr. Ataur Rahman(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 15-10-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner happens to be husband of the deceased and according to prosecution case, the marriage of the deceased had taken place in the year, 2011 and she died in the year, 2014 in other than normal circumstances and furthermore, the informant specifically, stated that the deceased was subjected to cruelty and killed by petitioner and his other family members due to nonfulfillment of illegal dowry demand but even then, police not only registered the case under Sections-302, 201/34 of the Indian Penal Code but also submitted charge sheet under the aforesaid sections. Regard being had to the facts and circumstances as
Patna High Court Cr.Misc. No.31295 of 2015 (4) dt.15-10-2015 2/2 well as submission of the parties, I am not inclined to release the petitioner on bail and hence, his prayer for bail in connection with Deepnagar P.S. Case No. 308 of 2014 pending in the court of learned Sub Divisional Judicial Magistrate, Nalanda at Bihar Sharif stands rejected.
Let a copy of this order be sent to the Superintendent of Police, Bihar Sharif, Nalanda with direction to him to look into the matter and to find out as to under what circumstances, the concerned officer-in-charge lodged the case under Section-302 of the Indian Penal Code when almost all the ingredients of Section304B of the Indian Penal Code were present in the first information report.
(Hemant Kumar Srivastava, J) A.K.V./- U T