Chandan Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25612 of 2020 Arising Out of PS. Case No.-317 Year-2019 Thana- OBRA District- Aurangabad ====================================================== Chandan Singh, aged about 38 years, Male, Son of Late Sarayu Singh @ Kamta Singh, Resident of Village - Tuturkhi, P.S.- Obra, District - Aurangabad.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bachan Jee Ojha, Advocate For the State :
Mr.Nityanand Tiwary, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-11-2020 Heard the parties through the virtual court proceeding. The petitioner seeks bail in connection with Obra P.S. Case No. 317 of 2019 registered for the offences punishable under Sections 448A/304(B)/201/34 of the Indian Penal Code and Section 3⁄4 of Dowry Prohibition Act.
The allegation against the petitioner is about committing torture upon the victim due to non-fulfillment of demand of dowry and due to non-fulfillment of the same, he killed the daughter of the informant and dispoed of her dead body.
Learned counsel for the petitioner submits that the allegation against the petitioner is false and he has falsely been implicated in the present case. He further submits that the
Patna High Court CR. MISC. No.25612 of 2020(3) dt.10-11-2020 2/3 petitioner is the husband of the deceased and the marriage was solemnized in the year 2009 about eleven years ago and the petitioner has two daughters aged about 8 years and 6 years. Therefore, no case is made out under Section 304B of the Indian Penal Code. He further submits that it is quite unbelievable that someone was demanding dowry (along with his father-in-law did not disclose in the F.I.R. what dowry was being demanded) after eleven years of marriage in teeth of fact that two daughters born from wedlock. He further submits that the deceased Sabu Devi is suffering from mental disorder and her treatment was going on in Kanke Hospital, Ranchi. He enclosed the prescription as Annexure-3 of the bail petition.
He further submits that the deceased fell ill seriously and suddenly died in the way of hospital. Learned counsel for the petitioner further submits that the petitioner is in jail custody since 31.12.2019. Learned counsel for the State vehemently opposed the bail petition and submits that the petitioner is the husband of the deceased.
I have perused the record including the case diary. In the case diary, the witness has supported the prosecution story. The petitioner is the husband in the present case. In the facts and circumstances of the case, I am not
Patna High Court CR. MISC. No.25612 of 2020(3) dt.10-11-2020 3/3 inclined to enlarge the petitioner on bail. Accordingly, the prayer for bail in connection with Obra P.S. Case No.317 of 2019 pending in the court of S.D.J.M., Daudnagar, Aurangabad is hereby rejected at the present.
(Anjani Kumar Sharan, J) Nasimul/- U T