Vrijkishore Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21022 of 2022 Arising Out of PS. Case No.-93 Year-2021 Thana- SIWAIPATTI District- Muzaffarpur ====================================================== VRIJKISHORE SINGH SON OF LATE BINDA SINGH RESIDENT OF VILLAGE- HARSER, P.S- SIWAIPATTI, DIST- MUZAFFARPUR ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Yashraj Bardhan, Advocate For the Opposite Party/s :
Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 12-09-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seeks bail in connection with Sawaipatti P.S. Case No. 93 of 2021 registered for the offence under Sections 304(B)/201/34 of the Indian Penal Code. The accused/petitioner is named in the F.I.R. and is in custody since 14.12.2021.
The allegation against the petitioner is to cause dowry death of daughter of informant along with other co-accused persons/family members, due to non-fulfillment of demand of dowry, where, petitioner is father-in-law.
Learned counsel appearing on behalf of the petitioner
Patna High Court CR. MISC. No.21022 of 2022(2) dt.12-09-2022 2/3 submitted that the petitioner is father-in-law, living separately with family of deceased and her husband and having no connection even with daily domestic affairs. It is also submitted that the present FIR was lodged after delay of about 5 months without any just explanation. It is also submitted that death of the daughter of informant was accidental, as she caught fire, while cooking, which is supported by several eye-witnesses, during course of investigation. It is also submitted that accident was well informed to informant and admittedly, she arrived thereafter but subsequently, due to oblique motive, petitioner and his family members have been falsely implicated in the present case.
It is also submitted that a complaint case bearing C-912 of 2021 was filed in the Court of learned Chief Judicial Magistrate, Muzaffarpur, which was subsequently withdrawn. It is also submitted that petitioner is a man of clean antecedent. While concluding the argument, it is submitted that investigation of this case has been completed, for which, chargesheet has already been submitted, as such, there is no chance of tampering with the evidence.
Learned APP duly assisted by learned counsel for the informant, while opposing the prayer of bail, fairly conceded the fact that petitioner is father-in-law of the deceased.
Patna High Court CR. MISC. No.21022 of 2022(2) dt.12-09-2022 3/3 Considering the facts and circumstances as mentioned above, as petitioner is in-laws, living separately, in the background of the fact as present FIR was lodged having delay of about 05 months coupled with the fact that charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Sawaipatti P.S. Case No. 93 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Muzaffarpur/concerned court, subject to the condition as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) S.Katyayan/- U T