Jai Prakash Singh @ Jay Prakash Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30325 of 2021 Arising Out of PS. Case No.-11 Year-2020 Thana- SALAIYA District- Aurangabad ====================================================== JAI PRAKASH SINGH @ JAY PRAKASH SINGH SON OF LATE SUNIL SINGH R/O VILLAGE- BAIJU BIGHA, P.S.- SALAIYA, DISTRICTAURANGABAD ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rakesh Singh For the Opposite Party/s :
Mr. S. M. Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-10-2021 Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Section 304(B) of the Indian Penal Code.
As per the prosecution case, niece of the informant was married to this petitioner on 16.04.2020 and she was killed within seven years of her marriage due to non fulfillment of demand of dowry.
Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case and no such occurrence, as alleged in the FIR, has taken place. In fact this petitioner resides in Orissa and he works there and was not present at the time of occurrence. It is further submitted that it was a
Patna High Court CR. MISC. No.30325 of 2021(4) dt.22-10-2021 2/2 love marriage and as such there was no question of demand of dowry. The deceased was calling her husband on mobile to her matrimonial house from Orissa and when petitioner denied she became angry and committed suicide by hanging herself. Petitioner is in custody since 01.02.2021.
Learned counsel appearing for the State opposes the prayer for bail and submits that deceased died within seven years of her marriage under abnormal circumstances. Considering the facts of the case and the nature of accusation made against this petitioner, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected. (Prabhat Kumar Singh, J) BKS/- U T