Dinesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28294 of 2020 Arising Out of PS. Case No.-18 Year-2014 Thana- SANDESH District- Bhojpur ====================================================== Dinesh Singh Son of Ram Pravesh Singh Resident of Village- Darshan Chapra, P.S.- Sandesh, District- Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nihar Nandan Ambasta For the Opposite Party/s :

Mr.A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-11-2020 Heard learned counsel for the parties through video conferencing.

The petitioner seeks bail in Sandesh P.S. Case No. 18 of 2014 registered for the offence under Sections 304B, 201/34 of the Indian Penal Code.

As per prosecution case, this petitioner was married with sister of informant in the year 2010 and thereafter, it is alleged that due to non-fulfillment of demand of motorcycle and Rs. 30,000/- , as dowry, sister of the informant was killed by the petitioner with his family members and her dead-body was also cremated without informing informant.

It is submitted on behalf of petitioner that petitioner, who happens to be husband of the deceased, has never demanded any dowry. In fact, the deceased has died due to some

Patna High Court CR. MISC. No.28294 of 2020(2) dt.09-11-2020 2/2 illness. It is further submitted that informant has compromised the case and to this effect, a compromise petition has been filed by the informant on 30-04-2014 in the court of learned C.J.M., Bhojpur at Ara, which is kept at Annexure - 2 to the petition. However, learned A.P.P. for the State has vehemently opposed the bail application and submitted that petitioner is husband of the deceased and there is specific allegation against him of committing murder of deceased due to dowry and offence is non-compoundable.

Considering the aforesaid facts and circumstances and the fact that the thrust of accusation is against petitioner who happens to be husband of the deceased, I am not inclined to grant him bail and as such, the bail application of petitioner stands dismissed.

(Prabhat Kumar Singh, J.) anay/- U T