Ashok Kumar Singh @ Ashok Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12074 of 2025 Arising Out of PS. Case No.-100 Year-2024 Thana- HARPUR District- Munger ====================================================== 1.

Ashok Kumar Singh @ Ashok Singh S/o Late Bachhu Singh R/o VillageGaneli, P.S.- Harpur, Distt.- Munger. 2.

Pintu Singh @ Pintu Kumar S/o Ashok Kumar Singh R/o Village- Ganeli, P.S.- Harpur, Distt.- Munger.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kumar Kamal Nayan, Advocate For the Opposite Party/s :

Mr. Suman Kumari Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 07-04-2025 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Harpur Police Station Case No. 100 of 2024, disclosing offences under Sections 80, 3(5) of B.N.S.

3. The prosecution case, as per the First Information Report, is that the marriage of the informant's daughter aged about 19 years, was solemnised with the co-accused Santu Kumar and on 28.09.2024, the petitioners along with other accused persons killed the informant's daughter by hanging due to non-fulfillment of demand of dowry.

4. Learned Counsel for the petitioners submits that

Patna High Court CR. MISC. No.12074 of 2025(2) dt.07-04-2025 2/3 petitioner no. 1 is the father-in-law and petitioner no. 2 is the brother-in-law of the deceased. The deceased has committed suicide and her dead body was taken out from the room, inquest Report was prepared and cremation was done in the presence of the informant and his family members.

5. I have heard learned counsel for the parties and perused the materials on record and the FIR, within 8 months of the marriage, the deceased has met with unnatural death in her matrimonial home. There is allegation against the petitioners of demand of dowry and torture to the informant's daughter. The nature of death is not important whether it is suicidal, homicidal or accidental but the fact is that within eight months of the marriage she has died of unnatural death in her matrimonial home and there is specific demand of dowry against the accused persons. There is presumption against the accused persons under Section 117 and 118 of the B.S.A. Considering the aforesaid and nature of allegation and the fact that this is a case of dowry death, I am not inclined grant of anticipatory bail to petitioner no. 1.

6. Accordingly, the prayer of anticipatory bail to petitioner no. 1 is rejected.

7. However, petitioner no. 2 is distant family member

Patna High Court CR. MISC. No.12074 of 2025(2) dt.07-04-2025 3/3 of the deceased husband. Accordingly, the prayer of anticipatory bail to petitioner no. 2 is allowed.

8. This application is, accordingly, to petitioner no. 2.

9. Let the petitioner no. 2., namely, Pintu Singh @ Pintu Kumar, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Munger, in connection with Harpur Police Station Case No. 100 of 2024, subject to the condition laid down under Section 482 (2) of the B.N.S.S. (Anil Kumar Sinha, J) Siwani/- U T