Budhan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27919 of 2022 Arising Out of PS. Case No.-53 Year-2022 Thana- DESARI District- Vaishali ====================================================== BUDHAN SINGH SON OF JAI NANDAN SINGH R/O VILLAGEMADHAUL, P.S.- DESARI (CHANDPURA O.P.), DISTRICT- VAISHALI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Neeraj Kumar Alias Sanidh For the Opposite Party/s :

Mr.Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 15-09-2022 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in a case registered u/s 304B and 498A read with 34 of the Indian Penal Code.

As per the prosecution case, the daughter of the informant Komal Kumari was married to co-accused Harishankar Singh @ Sudama Singh as per hindu rites and custom. After marriage, Komal Kumari went to her matrimonial home and gave birth to a female child. The petitioner and coaccused person used to torture her for dowry. On 05.02.2022 the

Patna High Court CR. MISC. No.27919 of 2022(2) dt.15-09-2022 2/2 petitioner and the co-accused persons burnt the informant's daughter to death by sprinkling kerosene oil on her due to nonfulfillment of demand of dowry. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has clean antecedent as stated in para 3 of the bail petition. There is general and omnibus allegation against the petitioner. The petitioner is the father-in-law of the deceased. It is further submitted that the petitioner had neither demanded dowry nor tortured her and Komal Kumari(deceased) died on account of the fire of gas cylinder. The petitioner is in custody since 06.02.2022.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court below, Vaishali at Hajipur, in connection with Desari P.S. Case No. 53 of 2022.

The application stands allowed.

(Chandra Prakash Singh, J) shobhakri/- U T