← Library
Patna High CourtCR. MISC./48801/2025dismissed

Sushil Kumar Singh @ Sushil Kumar v. The State Of Bihar

2025-07-25Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48801 of 2025 Arising Out of PS. Case No.-321 Year-2020 Thana- MAHNAR District- Vaishali ====================================================== Sushil Kumar Singh @ Sushil Kumar S/o Abadesh Kumar Singh @ Awadhesh Thakur R/o Village- Karnauti, P.S.- Mahnar, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N. K. Agarwal, Sr. Advocate Mr.Ranjan Kumar Jha, Advocate For the Opposite Party/s :

Mr.Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 25-07-2025 Heard the learned senior counsel for the petitioner and the learned APP for the State.

2.

The present petition is by way of second attempt at the behest of the petitioner for grant of regular bail in connection with Mahnar P.S. Case No.321 of 2020, registered for the offence punishable under Section 304(B)/34 of the Indian Penal Code, inasmuch as the earlier prayer of the petitioner for grant of bail was rejected vide order dated 30.01.2023, passed in Cr. Misc. No.17841 of 2022.

3.

The case of the prosecution, in brief, is that the marriage of the daughter of the informant was solemnized with the petitioner on 28.06.2020 as per Hindu rites and rituals wherein huge sum of gold/silver ornaments and other articles were

Patna High Court CR. MISC. No.48801 of 2025(2) dt.25-07-2025 2/3 given apart from cash amount. It is alleged that subsequently, the co-accused persons including the petitioner herein started demanding dowry and on account on non-fulfillment of the same, the daughter of the informant used to be harassed and tortured mentally by the accused persons including the petitioner. It is further alleged that on 09.10.2020, at about 06.00 p.m., the son of the informant got a telephonic information that the co-accused persons including the petitioner herein had murdered the deceased victim lady by hanging her.

4.

The learned senior counsel for the petitioner has submitted that the petitioner is languishing in custody since 22.02.2022, hence a sympathetic view be taken and the petitioner be granted the privilege of bail.

5.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail and has submitted that the petitioner is the main accused in the present case, inasmuch as he is the husband of the deceased victim lady and has murdered the deceased victim lady on account of nonfulfillment of demand for dowry and the death of the deceased victim lady by hanging also stands corroborated from the post mortem report.

Patna High Court CR. MISC. No.48801 of 2025(2) dt.25-07-2025 3/3 6.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record, this Court finds that not only there are ample materials on record to suggest the complicity of the petitioner in the alleged crime, as has been deliberated at length in the earlier order of this Court dated 30.01.2023, but the petitioner being the husband of the deceased victim lady is prima facie involved in the murder of the deceased victim lady, apart from the fact that there is no change in the circumstances so as to warrant reconsideration of the prayer of the petitioner for grant of bail at this stage. Thus, the present petition stands dismissed.

(Mohit Kumar Shah, J) kanchan/- U T