Chandan Singh @ Atul Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11363 of 2021 Arising Out of PS. Case No.-250 Year-2019 Thana- JOGAPATTI District- West Champaran ====================================================== Chandan Singh @ Atul Singh, Son of Vinod Singh, Resident of VillageDhadhwa, P.S.- Yogapatti (Nawalpur), District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Yogesh Chandra Verma, Sr. Advocate Mr.Ansul, Advocate For the Opposite Party/s :

Mr.Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 09-09-2021 The matter has been taken up today for consideration through video conferencing.

The learned counsels are appearing and making submissions from their residence. The Court Master and Secretary are also part of this virtual Court proceedings from their homes, all with the aid of audio visual technology.

Heard Mr.Yogesh Chandra Verma, learned Senior Counsel appearing for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Yogapatti (Nawalpur) P.S. Case No.250 of 2019 registered for the offence punishable under Section 304B/34 of the

Patna High Court CR. MISC. No.11363 of 2021(7) dt.09-09-2021 2/3 Indian Penal Code, which is pending in the court of learned C.J.M., West Champaran, Bettiah.

The informant has alleged that he has received a telephonic intimation regarding his niece (victim) being done to death at her matrimonial home. He has arrived there to find her dead body bearing marks of violence. It is the allegation that the victim has been done to death for non-fulfilment of demand for dowry. Learned Senior Counsel submits that the petitioner has remained in custody since 05.08.2019 i.e., more than two years. Referring to the memorandum of partition (Annexure 3), he submits that the victim was of unsound mind which has led to commission of suicide. The submission is of false implication, in the aforesaid facts and circumstances of the case.

Learned APP has opposed the prayer for bail. He has drawn the attention of the Court towards paragraph 54 of the case diary where the post-mortem report has been considered. The same records ante-motem external and internal injuries. There are ligature mark and abrasions on parts of body and the nature of violence has been opined to be hard and blunt substance. The cause of death has been

Patna High Court CR. MISC. No.11363 of 2021(7) dt.09-09-2021 3/3 opined to be asphyxia due to strangulation. He submits that the materials in the investigation, viewed in the background regarding unnatural death of the victim for non-fulfilment of dowry within one year of the marriage, must be considered by this Court.

Considering the rival submissions, this Court for the purposes of grant of bail is inclined to accept the submissions advanced by the learned APP. Prayer for grant of bail is rejected, for the present.

The trial court is, however, directed to expedite the trial without unnecessary delay or undue adjournments. This Court would expect that the petitioner's counsel would honour his undertaking in the instant proceedings regarding supply of the requisite court fee etc. within two weeks from the date he is called upon to do so by the office.

(Madhuresh Prasad, J) PNM U T