Patna High CourtCR. MISC./57212/2017dismissed

Niraj Kumar Singh @ Dhiraj Kumar Singh v. The State Of Bihar

2017-12-08Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57212 of 2017 Arising Out of PS. Case No.-51 Year-2017 Thana- MADHUBAN District- East Champaran ====================================================== Niraj Kumar Singh @ Dhiraj Kumar Singh S/o Sri Ajay Singh, R/o VillageDubha , Post Krishnanagar, P.S.- Madhuban, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Sanjeev Kumar Singh, Advocate For the State :

Mr. NAND KUMAR, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-12-2017 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the Informant. The petitioner seeks bail in Madhuban P.S. case No.51 of 2017 registered under Sections 498A, 304B, 201/34 of the Indian Penal Code, pending in the court of A.C.J.M. IV, East Champaran.

Allegation is that the accused persons including the petitioner committed murder of the deceased due to nonfulfilment of demand of dowry. It has been submitted on behalf of the petitioner that the petitioner is in custody since 7.8.2017 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been made accused due to mistake of fact. There is no substantive evidence

Patna High Court Cr.Misc. No.57212 of 2017(2) dt.08-12-2017 2/2 to suggest the implication of the petitioner in the present case. On behalf of the State and learned counsel for the informant, it is submitted that the petitioner is named in the F.I.R. The petitioner is the husband of the deceased. The onus is on the petitioner to explain the cause of death of the deceased. Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner. The same is rejected. (Sudhir Singh, J) Narendra/- U T