Sunil Singh @ Palak Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40969 of 2015 Arising Out of PS.Case No. -91 Year- 2014 Thana -TARARI District- BHOJPUR ====================================================== Sunil Singh @ Palak Singh S/o Late Sohan Singh Resident of Village Sedhha, P.S. Tarari, District Bhojpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rama Kant Singh For the Opposite Party/s : Mr. Gajendra Pd. Yadav(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-11-2015 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted under Sections 304B and 201/34 of the Indian Penal Code. Allegation against the petitioner is of torturing and killing daughter of the informant due to non-fulfilment of demand of dowry.

It has been submitted on behalf of the petitioner that he has got no criminal antecedent. He is in custody since 9.1.2015. Chargesheet has been submitted in the present case. There is no allegation of tampering of evidence against the petitioner. From perusal of paras-18 to 29 of the case diary it would appear that independent witnesses, who have been examined on behalf of the prosecution, have stated that as petitioner refused to take the deceased along with him to Delhi, hence, the deceased had taken poison. Thereafter, she was treated by the doctor but she could not survive. Similar is the statement of the witnesses in paras-54 and 56 of the case diary. None of the independent witnesses has

Patna High Court Cr.Misc. No.40969 of 2015 (4) dt.09-11-2015 2 / 2 stated regarding any demand of dowry and torture made by the petitioner.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R. and husband of the deceased. Considering the aforesaid facts and circumstances, let the above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of Smt. Rachana Rai, Judicial Magistrate, Ara, in connection with Tarari P.S. Case no. 91 of 2014.

(Sudhir Singh, J) sudip/- U T