Gopal Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52768 of 2024 Arising Out of PS. Case No.-242 Year-2023 Thana- SANGRAMPUR District- Munger ====================================================== GOPAL SINGH SON OF LATE SHYAMNAND SINGH R/O-VILLAGEBHUNA PS- TETIYA BAMBER DISTRICT- MUNGER ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

ASHISH KUMAR SON OF BHAVESH SINGH R/O- VILLAGEBHATGAMA, P.S.- CHAISA, DISTT.- MADHEPURA, PRESENT ADDRESS- HOUSE NO. 72. TYPE- 3, NEEHU COLONY, RUPNAGAR ROPAR, PUNJAB ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Surendra Prasad Singh, Sr. Advocate For the Opposite Party/s :

Mr. Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 04-12-2024 Heard Mr. Surendra Singh, learned Senior counsel for the petitioner and the State.

2. The petitioner is in custody in connection with Sangrampur (Tetiya Bamber) P.S. Case No. 242 of 2023 for the offence punishable under sections 302, 304(B) and 34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act lodged on 13.08.2023. by the informant, Aashish Kumar.

3. As per the prosecution story, the informant alleged that the girl was married to this petitioner and a male child was also born out of the wedlock but was always tortured for dowry. On the fateful day, information came about the death and as the informant went, saw the dead body with injuries all over the

Patna High Court CR. MISC. No.52768 of 2024(4) dt.04-12-2024 2/2 body. This led to the FIR.

4. Though learned Senior counsel for the petitioner submitted that the cause of death is asphyxia due to hanging, learned APP has taken this Court to the postmortem report which is part of the case diary to show that multiple injuries have been found on the person of the lady on mandibular region, arm, cheek, chin, the right side of the lip, the abdomen as also the back region and as such, the allegation in the FIR seems to be true. It is the further submission of the learned APP that charges have already framed in the matter.

5. Taking into account the aforesaid submissions put forwarded by the parties as also the allegation coupled with the fact that in the postmortem report the injuries have been found on the person of the deceased and charges already framed, in that background, it would be appropriate that the petitioner faces trial.

6. The present bail application stands rejected. (Rajiv Roy, J) Adnan/- U T