Niraj Singh @ Soni Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32224 of 2019 Arising Out of PS. Case No.-36 Year-2018 Thana- SARE District- Nalanda ====================================================== Niraj Singh @ Soni Singh Son of Satrudhan Singh @ Chunnu Singh @ Dhunnu Singh Resident of Village - Bhairo Bigha, P.O. and P.S.- Sare, District - Nalanda.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Dauli Devi @ Dauli Kumari Wife of Niraj Singh @ Soni Singh Resident of Village - Bhairo Bigha, P.O. and P.S.- Sare, District - Nalanda. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rana Baljit Singh For the Opposite Party/s :

Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Sare P.S. case No.36 of 2018 registered under Sections 498A, 326, 307/34 of I.P.C. and 3⁄4 of Dowry Prohibition Act, pending in the court of S.D.J.M., Nalanda. Later on Section 304B of I.P.C. has been added. Later on Section 304(B) of I.P.C. has been added.

Allegation is that the accused persons caught the informant and set her on fire. She was admitted to the Hospital for treatment. Later on she died in course of treatment. It has been submitted on behalf of the petitioner that the petitioner is in custody since 28.03.2019 and has got no

Patna High Court CR. MISC. No.32224 of 2019(3) dt.01-07-2019 2/2 criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. There is no other substantive evidence to suggest the implication of the petitioner in the present case nor there is any eye witness to the alleged occurrence. The petitioner was not present at the alleged date of occurrence.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R. He is the husband of the deceased. F.I.R. is dying declaration of the deceased. Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner. The same is rejected.

The Trial Court is directed to take all necessary steps to conclude the trial preferably within a period of nine months from the date of receipt/production of a copy of this order. (Sudhir Singh, J) Narendra/- U T