Babloo Singh @ Chandan Singh @ Chandan Kumar Singh @ Chandan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 47149 of 2024 Arising Out of PS. Case No.-362 Year-2022 Thana- CHIRAIYA District- East Champaran ====================================================== Babloo Singh @ Chandan Singh @ Chandan Kumar Singh @ Chandan Kumar Son of Nawal Singh @ Nawal Kishor Singh Resident of Village - Kapoor Pakri, P.S.- Shikarganj, District - East Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhishek Kumar, Advocate Mr. Hemant Ray, Advocate For the Opposite Party/s :
Mr. Tarun Prasad Mandal, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 17-06-2025 Heard Mr. Abhishek Kumar, the learned counsel appearing on behalf of the petitioner and Mr. Tarun Prasad Mandal, the learned Additional Public Prosecutor for the State.
2. The petitioner seeks regular bail in Sessions Trial No. 1160 of 2023, arising out of Chiraiya P.S. Case No. 362 of 2022, registered for the offences punishable under Sections 304(B), 302, 201 and 34 of the Indian Penal Code. Petitioner has clean antecedent.
3. As per the prosecution case, the daughter of the informant was married to the petitioner in the year 2014 and thereafter she had been subjected to cruelty for non-fulfillment of dowry and ultimately, it has been alleged that the petitioner and others killed the daughter of the informant by strangulating her.
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4. The learned counsel for the petitioner submits that the petitioner, who happens to be the husband, has falsely been implicated in this false case only to coerce him into giving land in the name of grandson of the informant. The learned counsel further submits that during the course of investigation, it has come that there was a cordial relationship among the family and there was no demand of dowry and no report was given earlier before any authority regarding the same. The learned counsel has further drawn the attention of this Court towards the deposition of the prosecution witnesses which has been brought on record by way of Annexure-3 series which includes the deposition of the informant, who has admitted that the victim/daughter of the informant was suffering with medical condition and she used to take medicine even before the marriage and subsequently died due to illness. The learned counsel lastly submits that the petitioner carries clean antecedent and is in custody since 15.07.2023.
5. The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail and has stated that there is an allegation upon the petitioner to have committed murder of his wife.
6. Considering the aforesaid submissions made by the
3/4 parties and taking into account the deposition of the prosecution witnesses who have completely denied the prosecution story and also taking into account the period of custody, I am inclined to grant the petitioner privilege of regular bail.
7. Accordingly, the prayer for bail is allowed.
8. 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 court of learned Sub-Divisional Judicial Magistrate, Sikarhna at Dhaka, East Champaran, in connection with Sessions Trial No. 1160 of 2023, arising out of Chiraiya P.S. Case No. 362 of 2022, subject to the following conditions:- (i) It is however directed that the petitioner shall not in any way delay the trial of the present case and if it is subsequently found the petitioner is trying to delay the trial, the prosecution shall be at liberty to file an application for cancellation of bail.
(ii) One of the bailors of the petitioner shall be his close relative and the other shall be local resident. (iii) The petitioner shall remain physically present in Court on each date of the trial.
(iv) In case of absence on two consecutive dates or in
4/4 violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned. (v) The learned Court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Sourendra Pandey, J) Siwani/- U T