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Patna High CourtCR. MISC./12914/2020bail rejected

Chunu Singh v. The State Of Bihar

2020-11-11Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12914 of 2020 Arising Out of PS. Case No.-86 Year-2019 Thana- DARPA District- East Champaran ====================================================== CHUNU SINGH, Son of Vineg Singh Resident of village - Tinkoni, P.S.- Darpa, Dist.- 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. Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 11-11-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State through video conferencing. The petitioner apprehends his arrest in connection with Darpa P.S. Case no. 86 of 2019, registered under Section 304(B) and 120(B)/34 of the Indian Penal Code. The accusation is that the marriage of Soni, sister of informant, was performed with the petitioner before two years and she was sent in Bidai at her Sasural and she was also blessed with a female child aged about 10 months, but thereafter, she was being tortured by her husband and in-laws, mentally and physically, by making demand of Rs. One Lakh due to birth of female child. While informant tried to convince the husband and in-laws of his sister, but they were adamant on demand. The petitioner Chunu Singh, husband of his sister,

Patna High Court CR. MISC. No.12914 of 2020(4) dt.11-11-2020 2/2 also used to abuse and torture on mobile, while he was at Surat, Gujrat. On 18.08.2019, his sister was killed by her in-laws. Learned counsel for the petitioner submits that it would appear from the F.I.R. that, admittedly, the petitioner is husband of deceased, but at the time of occurrence, he was not present at his house, rather, he was present at Surat, Gujrat, but he has also been implicated in this case.

Admittedly, the deceased is wife of petitioner, who died within two years of her marriage at her matrimonial house in unnatural circumstances.

Having considered the facts and circumstances of the case and the nature of allegation against the petitioner, I am not inclined to grant pre-arrest bail to the petitioner. Accordingly, his prayer for grant of pre-arrest bail stands rejected. The petitioner is directed to surrender before the trial Court within six weeks and pray for regular bail, which shall be considered by the trial Court in accordance with law without being prejudiced by the order of this Court.

(Rajendra Kumar Mishra, J) manish/- U T