Chandan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24954 of 2026 Arising Out of PS. Case No.-68 Year-2025 Thana- RASULPUR District- Saran ====================================================== Chandan Singh S/o Late Shankar Singh, R/o Village- Banpura, P.S.- Rasulpur, District- Saran.

... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar Singh, Advocate For the Opposite Party/s :

Mr. Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 24-04-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. In the present case, the petitioner is apprehending his arrest in connection with Rasulpur P.S. Case No. 68 of 2025, dated 13.04.2025, registered for the offence punishable under Section 103(1) read with Section 3(5) of the Indian Penal Code.

3. As per prosecution case, informant received a phone call from his grand daughter about the illness of her mother. When the informant and other persons reached the matrimonial place of his daughter, they came to know that his daughter was taken to hospital and when they went to the hospital they were informed that the daughter of the informant has died due to spread of poison. Petitioner is said to be the husband of the deceased. The allegation against the petitioner

2/4 and other co-accused persons is that they always used to make quarrel with the deceased and used to assault her. Further allegation against the petitioner and his co-accused mother is that they had been demanding rupees three lakhs from the last six years.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. From plain reading of the FIR it is clear that there is no specific allegation against the petitioner. Marriage between the petitioner and the deceased was solemnized in the year 2009 and it is not believable that after sixteen years of marriage there would be any demand of dowry or subsequent torture due to non-fulfillment of this demand. At no point of time petitioner demanded any dowry or tortured the daughter of the informant. The allegations levelled against the petitioner are completely false and concocted. The allegations are vague and devoid of particulars. The informant was apprised about the prevailing condition of his daughter and he along with his family members reached the hospital. It is also clear from the FIR that it was the petitioner and his family members who took the deceased to the hospital. If there was any sinister intention to cause harm to the informant's daughter, they would never had taken her to the

3/4 hospital. Also, the informant was informed by the petitioner about the serious illness of the deceased. There is no substantive material to show any wrongful act committed by the petitioner on the daughter of the informant. Learned counsel further submits that the informant has filed a compromise petition before the Court of learned Additional Chief Judicial Magistrate, Chapra. Learned counsel lastly submits that petitioner is having clean antecedent.

5. Learned APP opposes the submissions made on behalf of the petitioner and submits that the reason of death of the deceased is said to be poisoning and the post-mortem report also shows viscera was preserved for report of the FSL.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the vague and doubtful nature of allegation in the background of lapse of substantive years after marriage and further considering the possibility of false accusation, let the petitioner, abovenamed, in the event of his arrest or surrender before the Court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Additional Chief

4/4 Judicial Magistrate-VI, Saran at Chapra, in connection with Rasulpur P.S. Case No. 68 of 2025, subject to the conditions as laid down under Section 482(2) of the B.N.S.S. and other following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the Court below, if so required by the learned trial Court.

(Arun Kumar Jha, J) Shahnawaz/- U T