Chunu Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18852 of 2021 Arising Out of PS. Case No.-86 Year-2019 Thana- DARPA District- East Champaran ====================================================== Chunu Singh aged about 22 years (M) Son of Vineg Singh R/O VillageTinkoni, P.S.- Darpa, District- East Champaran, Motihari. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sharda Nand Mishra For the Opposite Party/s :
Mr. Anil Kumar Singh 1 A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-07-2021 Heard learned counsel for the parties through video conferencing.
The petitioner seeks bail in Darpa P.S. Case No. 86 of 2019 (G.R. Case No. 1181 of 2019), registered for the offence under Section 304(B) and 120B/34 of the Indian Penal Code. As per the prosecution case, this petitioner alongwith other FIR named accused persons killed the sister of the informant on account of non-fulfillment of demand of dowry. The petitioner, who happens to be husband of the deceased, denies the prosecution case. It is submitted that petitioner has committed no offence. In fact, the deceased committed suicide. There is general and omnibus allegation and no specific overt act has been alleged against the petitioner. It is further submitted that though, the alleged occurrence has taken
Patna High Court CR. MISC. No.18852 of 2021(2) dt.09-07-2021 2/2 place on 18.08.2019, but the F.I.R. has been lodged on 20.08.2019, without any plausible explanation. Petitioner is in custody since 18.12.2020.
However, learned A.P.P. for the State opposed the bail petition and submitted that there is specific allegation against the petitioner of committing murder of the deceased. Considering the aforesaid facts and circumstances as well as the fact that petitioner is husband of the deceased and deceased has died within seven years of marriage in her matrimonial home in an unnatural circumstances and there is allegation of demand of dowry, I am not inclined to grant bail to the petitioner and same is, accordingly, rejected. (Prabhat Kumar Singh, J.) anay U T