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

Patna High Court Cr.Misc. No.24991 of 2017 (2) dt.05-06-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24991 of 2017 Arising Out of PS.Case No. -198 Year- 2015 Thana -DARAUNDHA District- SIWAN ====================================================== Chandan Kumar Singh @ Chandan Kumar, son of Bageshwar Singh, resident of Village- Jhanjhwa, P.S.- Daraunda, District- Siwan. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ramadhar Shekhar, Advocate For the Opposite Party/s : Mr. Sri Braj Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 05-06-2017 Heard learned counsel for the petitioner and the State.

Petitioner being the brother of the victim's husband seeks bail in Daraunda P.S. Case No.198 of 2015 for the offences punishable under Sections 304B/201/34 of the Indian Penal Code.

Accusation is of killing the sister of the informant within two years of marriage for non-fulfillment of dowry demand.

It has been submitted on behalf of the petitioner that the petitioner is the brother of the husband of the victim and he has maliciously been dragged in this case. No allegation of any overt act has been attributed against him and the accusation is

Patna High Court Cr.Misc. No.24991 of 2017 (2) dt.05-06-2017 omnibus and general in nature. Moreover, the thrust of accusation is against the husband of the victim but surprisingly neither the husband of the victim nor the parents-in-law have been made accused in the FIR. The petitioner is in custody since 19/12/2016. It is further submitted that co-accused Ampu Devi @ Ampu Singh Devi, being sister-in-law (Gotani) of the victim has been granted bail by a co-ordinate bench of this court vide order dated 10/05/2017, passed in Criminal Miscellaneous No. 20778 of 2017.

Learned APP for the State opposes the prayer for bail.

Considering the above facts and circumstances, this petition for bail is allowed and the petitioner named above, is directed to 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 learned A.C.J.M.-XI, Siwan in connection with Daraunda P.S. Case No.198 of 2015.

(S. Kumar, J) Ranjan/- U T