Bipin Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28761 of 2021 Arising Out of PS. Case No.-18 Year-2019 Thana- BAIKUNTHPUR District- Gopalganj ====================================================== BIPIN KUMAR SINGH S/O LATE LALDEO SINGH R/O VILLAGE BANAURA, P.S-BAIKUNTHPUR, DISTRICT-GOPALGANJ. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Naresh Chandra Verma For the Opposite Party/s :

Mrs. Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 10-08-2021 Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Section 304B of the Indian Penal Code and u/s 3⁄4 of Dowry Prohibition Act.

As per the prosecution case, the sister of informant was married to the petitioner and at the time of marriage it is alleged that a sum of Rs. 10 lacs cash, one Bullet motor cycle and some ornaments etc. were given as gifts to the accused persons and after marriage, the deceased had gone to her matrimonial home, whereafter the petitioner started making demand of a Bolero jeep by way of dowry and due to non fulfillment of demand she was subjected to cruelty and torture. On 20.10.2019 the informant got information that this petitioner along with other family members committed the murder of the deceased and concealed her dead body. Learned counsel appearing for the petitioner submits that petitioner, who happens to be husband of the deceased, is innocent

Patna High Court CR. MISC. No.28761 of 2021(2) dt.10-08-2021 2/2 and has falsely been implicated in the case. In fact the petitioner was living at Delhi and he was not present at his home at the time of occurrence and this fact has come during the course of investigation. The petitioner never demanded any dowry or tortured his wife and he is in custody since 13.11.2019.

Learned counsel appearing for the State opposes the prayer for bail and submits that there is specific allegation against the petitioner of demanding dowry and torturing his wife and deceased died within seven years of marriage under abnormal circumstances. Considering the facts that petitioner is husband, there is direct and specific allegation against him of demanding dowry and torturing his wife and the deceased died within seven years of marriage under abnormal circumstances, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected. (Prabhat Kumar Singh, J) BKS/- U T