Chandra Bhushan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53753 of 2017 Arising Out of PS.Case No. -19 Year- 2017 Thana -HARLAKHI District- MADHUBANI ======================================================

1. Chandra Bhushan Singh, Son of Shri Raghwendra Singh, resident of Village- Kundal Madhiya, P.S.- Harlakhi, District- Madhubani. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vijay Kumar For the Opposite Party/s : Mr. Suresh Prasad Singh ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 15-03-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 09.04.2017 in connection with Harlakhi P.S. Case No. 19 of 2017/ G.R. No. 107 of 2017 for offences punishable under Sections 304B/34 of the Indian Penal Code. The prosecution case, as lodged by the informant, is that his daughter Laxmi Devi was married to the petitioner in the year 2012 but for non-fulfillment of demand of dowry of Rs. 2 lakhs she was killed.

It has been submitted by the learned counsel for the petitioner that he is innocent, his wife committed suicide and there

Patna High Court Cr.Misc. No.53753 of 2017 (4) dt.15-03-2018 2/2 was no demand of dowry. He submits that charge-sheet has already been submitted and there is no allegation of tampering of the prosecution witnesses by the petitioner.

By earlier order viscera report has been called for and from the report it appears that Aluminium Phosphide commercially known as CELPHOS was found in the body. However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, I am not inclined to grant privilege of bail to the petitioner at this stage in connection with Harlakhi P.S. Case No. 19 of 2017/ G.R. No. 107 of 2017, pending in the court of learned SDJM, Benipatti, Madhubani.

Application is, accordingly, rejected.

(Nilu Agrawal, J) Rajesh/- U T