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Patna High CourtCR. MISC./62582/2021dismissed

Guddu Singh v. The State Of Bihar

2021-12-08Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62582 of 2021 Arising Out of PS. Case No.-18 Year-2019 Thana- BAIKUNTHPUR District- Gopalganj ====================================================== GUDDU SINGH Son of Late Laldeo Singh Resident of Village - Banaura Police Station - Baikunthpur, District - Gopalganj. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Ms.Anita Kumari Singh, APP For informant :

Mr. Prakash Chandra, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 08-12-2021 Heard the learned counsel for the petitioner, Ms. Anita Kumari Singh, the learned APP appearing for the State and Mr. Prakash Chandra, the learned counsel for the informant. The present petition is by way of second attempt at the behest of the petitioner for grant of regular bail in connection with Baikunthpur PS case no. 18 of 2019, registered under Sections 304B, 201/34 of Indian Penal Code and 3/4 of Dowry Prohibition Act, inasmuch as the earlier prayer of the petitioner for grant of bail was rejected vide order dated 04.11.2020, passed in Cr. Misc. no. 13097 of 2020.

The case of the prosecution in brief is that the deceased Preeti Kumari was married with one Bipin Kumar Singh as per Hindu rites and rituals and at the time of marriage, it is alleged that a sum of Rs. 10 lacs cash, one Bullet motorcycle and some ornaments

Patna High Court CR. MISC. No.62582 of 2021(2) dt.08-12-2021 2/3 etc. were given as gifts to the accused persons and after marriage, the deceased had gone to her matrimonial home, whereafter her husband started making demand for a Bolero jeep by way of dowry. The deceased is stated to have disclosed the demand of Bolero vehicle to her parents and her brother, whereupon the brother of the deceased victim lady had visited the matrimonial home of the deceased and asked her in-laws as to why they were making such demand, to which the petitioner and his family members, including the husband of the deceased victim lady, had said that in case the demand for is not fulfilled, they would torture and kill the deceased victim lady.

It is further alleged that in the month of October, 2018, when the petitioner along with his sisters had committed murderous attack on the deceased victim lady, the informant had visited his deceased sister's matrimonial home and brought her along with him to her parental home at Chainpur. However, subsequently, the petitioner along with one Munna Kumar had come to the house of the informant and had taken away the deceased to her matrimonial house on the occasion of 'Chatth Puja'. It is also alleged that on 20.01.2019, the informant got information that the accused petitioner along with his family members had committed the murder of the sister of the informant and concealed her dead body, whereafter the informant along with other villagers had gone to the house of the petitioner i.e.

Patna High Court CR. MISC. No.62582 of 2021(2) dt.08-12-2021 3/3 given and upon the informant entering inside the house, he could not find his sister, whereafter the FIR in question was lodged. The learned counsel for the petitioner has submitted that the petitioner is languishing in custody since 13.11.2019 and the trial is not likely to be concluded in the near future. Per contra, the learned APP for the State and the learned counsel for the informant have vehemently opposed the prayer for bail.

I have heard the learned counsel for the petitioner, the learned counsel for the State as also the learned counsel for the informant and gone through the materials on record, from which it is apparent that this Court by its earlier order dated 04.11.2020 has passed a detailed order considering all aspects of the matter, hence had rejected the prayer of the petitioner for grant of bail. This Court finds that there is no change in circumstance so as to re-consider the prayer of the petitioner for grant of bail, hence the present petition stands dismissed.

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