Chandan Singh @ Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34159 of 2020 Arising Out of PS. Case No.-273 Year-2019 Thana- MAKHDUMPUR District- Jehanabad ====================================================== CHANDAN SINGH @ CHANDAN KUMAR Son of Surendra Singh Resident of Village - Dhakani Bigha, P.S.- Makhdumpur, Distt.- Jehanabad. ... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Manoj Kumar For the Opposite Party/s :

Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 20-01-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. This application for grant of regular bail arises out of Makhdumpur P.S. Case No. 273 of 2019, registered for the offence punishable under Sections 304(B)/34 of the Indian Penal Code and Section 3/4 of Dowry Prohibition Act. The petitioner is the husband of the deceased, who is in custody since 05.07.2019. The marriage of the petitioner with the deceased was allegedly solemnized nearly three years before he died. There is allegation in the First Information Report of demand of dowry to the tune of Rs. Five lakhs and also torture meted out to the deceased.

Learned counsel appearing on behalf of the petitioner, referring to the First Information Report, has submitted that there is general and omnibus allegation against

Patna High Court CR. MISC. No.34159 of 2020(3) dt.20-01-2021 2/2 all the family members of the petitioner of demand of dowry. Allegations of physical torture is also general in nature, he contends. He has further submitted that the deceased appears to have committed suicide and to add gravity to the accusation, demand of dowry has been incorporated in the written report, which is the basis for registration of the First Information Report. He has further argued that considering the nature of accusation there is no chance of the petitioner tampering with the evidence.

Considering the submissions, so advanced on behalf of the petitioner, and the fact that he is in custody since 05.07.2019 and charge-sheet has been submitted, this application is allowed.

Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned SDJM, Jehanabad, in Makhdumpur P.S. Case No. 273 of 2019.

(Chakradhari Sharan Singh, J) Pawan/- U T