Lal Babu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35088 of 2021 Arising Out of PS. Case No.-16 Year-2009 Thana- DARPA District- East Champaran ====================================================== LAL BABU SINGH S/O PANCHU SINGH RESIDENT OF VILLAGE TINKONI, P.S-DARPA, DISTRICT-EAST CHAMPARAN.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umesh Chandra Verma, Adv.

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 22-03-2022 Heard Mr. Umesh Chandra Verma, learned counsel for the petitioner and Mr. Pradeep Narain Kumar, learned APP for the State.

Petitioner seeks regular bail in connection with Trial No. 856 of 2020 arising out of Darpa PS Case No. 16 of 2009 registered under Sections 304B / 34 of the IPC. As per the first information report marriage of the daughter of the informant was solemnized with the petitioner about 15 months back and after marriage the petitioner and other family members started demanding dowry and due to non fulfillment of the same they tortured the informant's daughter and subsequently she was killed. On 19 / 4 / 2009 the informant came to know that accused persons have killed the daughter of

Patna High Court CR. MISC. No.35088 of 2021(3) dt.22-03-2022 2/2 the informant.

Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case and he has not committed any offence in the manner alleged. He further submits that deceased has committed suicide due to her mental condition and the petitioner is in custody since 9-1-2021. Regard being had to the submissions made by the parties and from perusal of the first information report and other materials on record it appears that the informant's daughter died in unnatural circumstances in her matrimonial home within two years of her marriage as such there is presumption against petitioner and other family members under Section 113A and 113B of the Evidence Act and the petitioner remained absconding for about 11 years and surrendered on 9-1-2021. As such, I am not inclined to grant regular bail to the petitioner. Accordingly, the prayer for grant of bail is rejected. (Anil Kumar Sinha, J) praful/- U T