Chandan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24934 of 2025 Arising Out of PS. Case No.-169 Year-2024 Thana- JANDAHA District- Vaishali ====================================================== CHANDAN KUMAR S/O NAGENDRA SINGH R/o vill - Jandaha in front Government Hospital, P.S.- Jandaha, Distt.- Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ojaswee Kumari, Adv.
For the Opposite Party/s :
Mr. Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 24-07-2025 Heard the parties.
2. The petitioner seeks bail in connection with Jandaha P.S. Case No. 169 of 2024 registered for the offence under Sections 304(B)/ 34 of the I.P.C.
3. The petitioner is named in the F.I.R.
and is in custody since 12.09.2024.
4. The allegation against the petitioner is to cause death of the daughter of the informant along with other co-accused persons/ family members due to non-fulfillment of demand of dowry as raised for cash of Rs. 10 lakh and one four wheeler vehicle.
2/4
5. Learned counsel appearing on behalf of the petitioner submitted that petitioner himself surrendered before the Court on 12.09.2024. It is submitted that the deceased was in relation with some other person and for said extra-marital relation the victim was under habit to leave her matrimonial home for which undertaking was given by victim herself and her parents on 21.07.2021 through (Annexures 2 and 3) of the present petition. It is submitted that after compromise deceased started to live with petitioner and gave birth to one male child. It is pointed out that, thereafter, victim visited her paternal home, whereafter she returned after 3 or 4 months and after returning victim immediately committed suicide, when no family members were present at home. It is submitted that post-mortem report also corroborate that death appears suicidal. It is pointed out that it is not a case of physical assault as post-mortem is not suggesting any
3/4 mark of physical violence upon the body of the deceased. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and moreover, investigation of this case is completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.
6. Learned APP while opposing the prayer of bail submitted that petitioner is the husband facing specific allegation as to raise demand of dowry.
7. In view of aforesaid factual submissions and by taking note of fact as postmortem report of deceased nowhere revealed that she was subjected to physical assault soon before her death and also considering the Annexures 2 and 3 of the bail petition, which is also available in para 76 of case diary, suggesting prima-facie extra-marital affairs of deceased, coupled with fact that investigation of this case is already completed,
4/4 where petitioner is in custody since 12.09.2024, accordingly petitioner above named, is directed to be released on bail in connection with Jandaha P.S. Case No. 169 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Vaishali at Hajipur /concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C/ Section 480(3) of BNSS.
(Chandra Shekhar Jha, J) Sudha/- U T