Rahul Kumar Singh @ Rahul Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13198 of 2024 Arising Out of PS. Case No.-226 Year-2021 Thana- KARJA District- Muzaffarpur ====================================================== Rahul Kumar Singh @ Rahul Singh, Son of Bullu Singh @ Raghunath Singh, Resident of Village- Fanda, P.S.- Karza, District- Muzaffarpur ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Nachiketa Jha, Advocate For the Opposite Party/s :
Mr. Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 04-09-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The accused/petitioner is named in the FIR and apprehending his arrest in connection with Karza P.S. Case No.226 of 2021 registered under Sections 304-B read with 34 of the Indian Penal Code.
3. Allegation against the petitioner is to cause death of daughter of informant along with other co-accused persons due to non-fulfilment of demand of dowry as raised for one four-wheeler vehicle.
4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated with present case, as the daughter of informant died due to fire
Patna High Court CR. MISC. No.13198 of 2024(5) dt.04-09-2024 2/3 accident while she was cooking in her matrimonial house. It is submitted that the FIR of present occurrence was lodged with delay of six days without having any explanation. It is also submitted that it was communicated to the concerned Magistrate after eighteen days of the occurrence. It is also submitted by learned counsel that the informant and other family members were participated in the last rite of the deceased and when negotiation qua maintenance of two children could not realize between the parties, the present false case was lodged.
5. Learned APP while opposing the prayer for grant of anticipatory bail to the petitioner submitted that during the investigation, the Investigating Officer of this case found nothing from the place of occurrence, as to suggest that the death was caused due to accidental fire. The Investigating Officer did not find any gas stoves from the place of occurrence. It is submitted that the daughter of the informant received 75% antemortem burn injury, where occurrence took place within seven years of her marriage, where allegation of demand of dowry is also available soon
Patna High Court CR. MISC. No.13198 of 2024(5) dt.04-09-2024 3/3 before the death of the deceased.
6. In view of aforesaid factual submissions and by taking note of fact that as death of daughter of the informant appears unnatural due to antemortem burn injury, where admittedly, the occurrence took place within seven years of marriage in the background of demand of dowry, accordingly, the prayer for grant of anticipatory bail of the petitioner is rejected herewith.
(Chandra Shekhar Jha, J.) Sanjeet/- U T