Patna High CourtCR. MISC./41914/2024bail rejected

Rajeev Singh @ Dallu @ Rajiv Singh @ Dallu v. The State Of Bihar

2024-09-04Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41914 of 2024 Arising Out of PS. Case No.-12 Year-2024 Thana- KOPA District- Saran ====================================================== Rajeev Singh @ Dallu @ Rajiv Singh @ Dallu Son of Awadhesh Singh R/O Vill.- Rewari, P.S.- Kopa, Dist.- Saran At Chapra ... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Chandra Mohan Jha, Advocate For the Opposite Party :

Mr.Bharat Lal, APP For the Informant :

Mr. Narendra Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 04-09-2024 Heard learned counsel for the petitioner as well as learned counsel for the informant and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Kopa P.S. Case No. 12/2024 dated 20.01.2024 registered for the offence punishable u/s 304B read with 34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have killed the informant's daughter due to non-fulfillment of demand of dowry.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the

Patna High Court CR. MISC. No.41914 of 2024(3) dt.04-09-2024 2/3 petitioner who is the husband of the deceased. The petitioner neither demanded any dowry nor tortured the deceased. It is submitted that the deceased was not subjected to torture and cruelty soon before her death for or in connection with demand of dowry. Learned counsel has submitted that the deceased was fighting for some pity dispute and the deceased firstly tried to commit suicide by hanging herself but the petitioner saved her. Further, the wife of the petitioner became angry and she herself stab knife in her stomach and due to which she died on the spot. Thereafter, the petitioner immediately informed his father-inlaw about the incident but the informant twisted the story and lodged a false and fabricated case against whole family members.

It is further submitted that, it is not a case of Section 304B of the I.P.C. rather it is a case of Section 306 of the I.P.C. The petitioner has one antecedent and he is on bail in the aforesaid case as stated in para 3 of the bail petition. The petitioner is in custody since 21.01.2024.

5. Learned A.P.P. for the State as well as learned counsel for the informant have vehemently opposed the bail petition of the petitioner by submitting that the petitioner is husband of the deceased. As per the Post Mortem Report, there are two lacerated wounds on the neck and one stab wound on

Patna High Court CR. MISC. No.41914 of 2024(3) dt.04-09-2024 3/3 umbilical and the cause of death is due to internal bleeding and shock due to sharp weapon.

6. Considering the aforesaid facts and circumstances of the case as well as the heinous nature of allegation against the petitioner, this Court is not inclined to grant bail to the petitioner and the same is rejected in connection with Kopa P.S. Case No. 12/2024 pending in the court of learned J.M. 1st Class, Saran at Chapra.

7. This application stands rejected.

(Chandra Prakash Singh, J) atul/- U T