Prakash Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26434 of 2025 Arising Out of PS. Case No.-254 Year-2019 Thana- SISWAN District- Siwan ====================================================== Prakash Singh, S/o Ashok Singh, R/o Village- Gangpur Siswan, P.S. - Siswan, District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raghav Prasad, Advocate For the Opposite Party/s :

Mr.Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 06-05-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. In the present case, the petitioner seeks bail in connection with Siswan P.S. Case No. 254 of 2019 for the offences punishable under Sections 304(B)/34 of the Indian Penal Code and Section 3⁄4 of Dowry Prohibition Act.

3. As per prosecution case, the daughter of the informant was married with the petitioner and allegation against the petitioner and other co-accused persons is that of demanding dowry and killing the daughter of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The marriage was solemnized on 11.12.2019 and the daughter of the informant committed suicide on 28.12.2019, i.e.,

2/4 within 17 days of her marriage by hanging herself. It is not believable that on account of demand of dowry, the petitioner would kill his wife within 17 days of marriage. The learned counsel further submits that in fact the deceased lady was in love with some other person and wanted to marry him, but she was married with the petitioner against her wishes by her parents and, for this reason, she committed suicide. The learned counsel further submits that post mortem report also shows the daughter of the informant died due to hanging and these facts were taken into consideration by a learned Single Judge of this Court, who granted anticipatory bail to other co-accused persons vide order dated 03.12.2020 passed in Cr. Misc. No.28174/2020 wherein a finding has been recorded that no other injury was found on the person of the deceased and this fact indicated that the deceased might have committed suicide. The learned counsel also submits that the petitioner is in custody since 27.11.2024 and is having clean antecedent. The charge sheet has been submitted.

5. Learned APP vehemently opposes the submission made on behalf of the petitioner. The learned APP submits that the petitioner is the husband of the daughter of the informant and there is specific allegation of causing dowry death against

3/4 the petitioner and other co-accused persons.

6. Having regard to the facts and circumstances of the case and submissions made on behalf of the parties and considering the proximity of the date of occurrence with the marriage and further considering the cause of death and further considering grant of anticipatory bail to other co-accused persons and reasons recorded therein and also considering the period of custody of the petitioner, submission of charge sheet and his clean antecedent, the petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Siwan, in connection with Siswan P.S. Case No. 254 of 2019, subject to the conditions mentioned in Section 480 (3) of BNSS and also the 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. (iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bonds of the petitioner will be liable

4/4 to be cancelled by the court concerned.

(Arun Kumar Jha, J) V.K.Pandey/- U T