Daroga Singh @ Deepak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49425 of 2023 Arising Out of PS. Case No.-77 Year-2022 Thana- KUNDWACHAINPUR District- East Champaran ====================================================== Daroga Singh @ Deepak, Son of Baidhnath Singh, Resident of villageKharua, P.S.-Kundwachainpur, Distt.-East Champaran ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar, Advocate For the Opposite Party/s :

Mrs. Gulnar Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 07-08-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. 2.

The accused/petitioner seeks bail in connection with Sessions Trial No.928 of 2022 arising out of Kundwachainpur P.S. Case No.77 of 2022 registered for the offences punishable under Sections 304-B and 302 of the Indian Penal Code.

3.

The accused/petitioner is named in the FIR and is in custody since 12.04.2022.

4.

Allegation against the petitioner is to commit murder of his wife along with other co-accused persons/family members due to non-fulfilment of demand of dowry as raised for cash of Rs. 5 lakhs and one motorcycle.

5.

It is submitted by learned counsel that wife of

Patna High Court CR. MISC. No.49425 of 2023(2) dt.07-08-2023 2/3 petitioner slipped by her leg while working in room and out of said accident, she received pointed injury giving impression that same appears stabbed wound and, as such, the death of wife of petitioner/daughter of informant appears normal. It is submitted that as there was certain matrimonial discord between deceasedwife and petitioner, the petitioner was implicated falsely with present occurrence without having any cogent material. While concluding argument, it is submitted that the petitioner is a man of clean antecedent and moreover investigation of this case is completed for which, charge-sheet has been submitted and, as such, there is no chance of tampering with the evidence. 6.

Learned APP while opposing the prayer for bail submitted that the allegation of stabbing, causing death of daughter of informant is specific against this petitioner. It is further submitted that the manner of assault appears in full corroboration with postmortem report. Learned APP further pointed out that the demand of dowry appears specific against this petitioner. While concluding argument, learned APP submitted that during the course of occurrence altogether nine stabbed wound were caused by this petitioner reflecting that how brutally the daughter of informant was murdered while stabbing over her neck, right breast, Epigastrium, right arm,

Patna High Court CR. MISC. No.49425 of 2023(2) dt.07-08-2023 3/3 right mid calvicular line, right side lumber on the back and right thigh.

7.

In view of above-mentioned facts and circumstances and by taking note of fact as specific allegation as to cause fatal stabbed wound is available against this petitioner causing death of daughter of the informant in the background of demand of dowry, the prayer for bail of the petitioner is rejected herewith.

8.

Learned Trial Court is directed to conclude trial expeditiously in accordance with law.

(Chandra Shekhar Jha, J.) Sanjeet/- U T