Sita Ram Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54364 of 2022 Arising Out of PS. Case No.-255 Year-2022 Thana- MAHUA District- Vaishali ====================================================== 1.

SITA RAM SINGH SON OF LATE RANGI SINGH R/O VILLAGEBISHANPUR BEJHA, P.S.- MAHUA, DISTRICT- VAISHALI 2.

SUNITA DEVI W/O SITARAM SINGH R/O VILLAGE- BISHANPUR BEJHA, P.S.- MAHUA, DISTRICT- VAISHALI 3.

VINAY KUMAR SON OF SITARAM SINGH R/O VILLAGEBISHANPUR BEJHA, P.S.- MAHUA, DISTRICT- VAISHALI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Alok For the Opposite Party/s :

Mr.Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 01-02-2023 The learned counsel for the petitioners is directed to remove all the defects pointed out by the office within one month.

Heard the learned counsel for the petitioners as well as the learned Additional Public Prosecutor for the State. The petitioners apprehend their arrest in connection with Mahua P.S. Case No. 255 of 2022, registered for the offences punishable under Sections 304(B), 120(B)/34 of the Indian Penal Code.

As per allegation, the daughter of the informant was married to co-accused Amod Kumar on 19.11.2021. Though the

Patna High Court CR. MISC. No.54364 of 2022(2) dt.01-02-2023 2/3 customary presents were given at the occasion of the marriage, but the accused persons including the petitioners were insisting the demand of Rs. 5 lacs as dowry. On 10.03.2022, the informant went to persuade the accused persons, but petitioner nos. 1 and 2 were adamant on their demand and they apprised the informant that if the demand is not fulfilled, they would murder the daughter of the informant. On 19.04.2022, petitioner no. 1 informed the informant telephonically to carry the dead body of his daughter, as she strangulated to death herself. When the informant rushed to the matrimonial house of his daughter. The accused persons had disappeared with the dead body. The learned counsel for the petitioner has submitted that, as a matter of fact, the deceased was suffering from some ailments. The petitioners facilitated her treatment, but she could not be saved.

On the other hand, the learned counsel for the informant has submitted that soon after the marriage, the petitioners and the husband subjected her to cruelty for nonfulfillment of demand of dowry. She was done to death only within five months of her marriage.

There is specific allegation that the petitioners subjected the deceased to cruelty for non-fulfilment of demand

Patna High Court CR. MISC. No.54364 of 2022(2) dt.01-02-2023 3/3 of dowry, who was done to death only within five months of his marriage.

In my view, it is not a fit case for anticipatory bail. Accordingly it is rejected.

Office shall ensure that all defects are removed by the petitioners within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) nirmal/kundan U T