Lalit Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.1040 of 2016 Arising Out of PS.Case No. -401 Year- 2014 Thana -UDWANTNAGAR District- BHOJPUR ======================================================
1. Lalit Kumar Singh Son of Ram Ishwar Singh, Resident of villageKarisath, P.S.- Udwantnagar, District- Bhojpur .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Arun Kumar Singh For the Opposite Party/s : Mr. Umeshnand Pandit(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02-03-2016 Petitioner being husband of the victim is languishing in custody since 16.03.2015 in a case registered for the offences punishable under Sections 498A, 304B/34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.
The accusation is of killing the sister of the informant after about seven years of marriage for nonfulfilment of dowry demand by causing burnt injury. It is submitted by learned counsel for the petitioner that as per the own admission of the informant the marriage was performed about seven years prior to the death, though the marriage was performed eight years prior to the death, hence the case does not come within the purview of Section 304B I.P.C.
The witnesses suggested during investigation that the victim put herself on fire and the
Patna High Court Cr.Misc. No.1040 of 2016 (3) dt.02-03-2016 2/2 petitioner and others provided medical assistance to the victim. It is submitted by learned counsel for the State that charge-sheet has been submitted under Section 304B I.P.C.
Considering the thrust of accusation against the petitioner, this Court is not inclined to grant bail to the petitioner at present.
Accordingly the application stands dismissed in connection with Udwant Nagar P.S. Case No. 401 of 2014, pending in the Court of learned Chief Judicial Magistrate, Bhojpur at Ara.
(Dinesh Kumar Singh, J) Shageer/- U T