Dheeraj Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45127 of 2015 Arising Out of PS.Case No. -53 Year- 2015 Thana -RAJAPAKAR District- VAISHALI(HAJIPUR) ====================================================== Dheeraj Singh son of Late Suchit Singh, resident of village Baikunthpur, Tola Gangajal, P.S. Rajapakar, District Vaishali. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nilesh Kumar, Advocate. For the Opposite Party/s : Md. Nazir Ansari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 01-02-2016 Heard learned counsel for the petitioner as well as learned A.P.P. for the State.

Petitioner is husband of the deceased and is languishing in jail custody since 15.05.2015 in a case registered under Sections 304(B)/201/34 of the Indian Penal Code. It appears that marriage of deceased was solemnized with petitioner 11⁄2 years ago and, according to prosecution case itself, on 18.04.2015 informant got a message from petitioner that the condition of deceased was very serious and having got the aforesaid information, when the informant reached at the house of the petitioner, he found that all the family members of the deceased including the petitioner were absent from their house and thereafter the informant came to know that his daughter was killed and her dead body was disposed of by the petitioner and his other

Patna High Court Cr.Misc. No.45127 of 2015 (3) dt.01-02-2016 2/3 family members. Learned counsel appearing for the petitioner submits that three months prior to the institution of the present case, the deceased had given birth to a child at her parental home and, in course of delivery, she developed some complication as there was profuse bleeding to the deceased. The deceased got treatment at Begusarai and subsequently she came to the house of the petitioner and she was got treated at Hajipur also but on the alleged date of occurrence, she developed some more complication and she was taken to Primary Health Centre, Raja Pakar, Vaishali which is evident from perusal of Annexure-3 to the petition. The doctor of aforesaid Primary Health Centre referred the deceased to Sadar Hospital for better treatment but unfortunately the deceased died.

Moreover, in course of investigation, the statement of General Manager of Steel Company was recorded at Para 86 of the case diary in which the aforesaid General Manager stated that on 17.04.2015 the petitioner was on duty but in the morning of 18.04.2015 he got a telephonic message and went his home. Learned counsel for the petitioner submits that as a matter of fact, the deceased died of her ailment and information regarding her death was given to the informant but the informant lodged this case with an ulterior motive.

Patna High Court Cr.Misc. No.45127 of 2015 (3) dt.01-02-2016 3/3 well as submissions of the parties and also taking into note of the fact that investigation has already been completed, 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 each to the satisfaction of Smt. Shruti Singh, Chief Judicial Magistrate, Vaishali at Hajipur / concerned court in connection with Raja Pakar P.S. Case No. 53/2015.

(Hemant Kumar Srivastava, J) Dilip/- U T