Sushil Kumar Singh @ Sushil Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17841 of 2022 Arising Out of PS. Case No.-321 Year-2020 Thana- MAHNAR District- Vaishali ====================================================== SUSHIL KUMAR SINGH @ SUSHIL KUMAR S/o Abadesh Kumar Singh @ Awadhesh Thakur R/o village- Karnauti, P.S.- Mahnar, District- Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ranjit Kumar Yadav,Adv.
For the Opposite Party/s :
Mr.Nityanand,Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 30-01-2023 Heard the learned counsel for the petitioner and the learned APP for the State. The petitioner seeks regular bail in connection with Mahnar P.S. Case No.321 of 2020, registered for the offence punishable under Section 304(B)/34 of the Indian Penal Code.
The case of the prosecution, in brief, is that the marriage of the daughter of the informant was solemnized with the petitioner on 28.06.2020 as per Hindu rites and rituals wherein
2/4 huge sum of gold/silver ornaments and other articles were given apart from cash amount. It is alleged that subsequently, the co-accused persons including the petitioner herein started demanding dowry and on account on nonfulfillment of the same, the daughter of the informant used to be harassed and tortured mentally by the accused persons including the petitioner. It is further alleged that on 09.10.2020, at about 06.00 p.m., the son of the informant got a telephonic information that the co-accused persons including the petitioner herein had murdered the deceased victim lady by hanging her.
The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case, he is having a clean antecedent and he is languishing in custody since 22.02.2022. The learned counsel for the petitioner has further submitted that there is no motive for the alleged crime and the deceased victim lady used to feel
3/4 alone, hence, she had committed suicide.
Per contra, the learned APP for the State has vehemently opposed the prayer for bail and has submitted that the petitioner is the main accused in the present case, inasmuch as he is the husband of the deceased victim lady and has murdered the deceased victim lady on account of non-fulfillment of demand for dowry and the death of the deceased victim lady by hanging also stands corroborated from the post mortem report.
Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record, this Court finds that there are ample materials on record to suggest the complicity of the petitioner in the alleged crime and the petitioner being the husband of the deceased victim lady is prima facie involved in the murder of the deceased victim lady, hence, I am not inclined to grant bail to the
4/4 petitioner herein, thus, the present petition stands dismissed.
(Mohit Kumar Shah, J) kanchan/SonalU T