Chandan Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6159 of 2017 Arising Out of PS.Case No. -67 Year- 2016 Thana -RAJAPAKAR District- VAISHALI (HAJIPUR) ====================================================== Chandan Kumar Singh, son of Vidya Sagar Singh, resident of villageBariyarpur, Police Station- Rajapakar, District- Vaishali. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Syed Ehteshamuddin, Advocate. For the Opposite Party/s : Mr. Anand Kishore Choudhary, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 27-03-2017 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Rajapakar P.S. Case No. 67 of 2016 instituted for the offence under Sections 304(B)/34 of the Indian Penal Code.

It is alleged in the written report that the petitioner along with his other family members used to commit physical and mental torture with the wife (since deceased) for demand of dowry. It is further alleged that the accused persons killed the daughter of the informant for non-fulfillment of aforesaid demand. Case diary has been received in this case.

The doctor in the post mortem report has found 100 per cent burn injury and cause of death was due to it. It has been submitted on behalf of the petitioner that

Patna High Court Cr.Misc. No.6159 of 2017 (3) dt.27-03-2017 2/2 the petitioner is serving in Army and he was sending money to his father-in-law for treatment of his wife. He also sustained 40 per cent burn injury on account of saving his wife. The wife was mentally sick and she had suicidal tendency. Therefore, she had committed suicide.

As per written report, the marriage of the deceased with the petitioner took place on 24.11.2012 and within four years of the marriage, she died in her Sasural on account of 100 per cent burn injury. There is specific allegation against the petitioner of committing physical and mental torture with the wife for demand of dowry. The petitioner is husband of the deceased. In such circumstances, this Court is not inclined to grant bail to the petitioner at this stage.

The prayer for bail of the petitioner stands rejected. The petitioner may renew his prayer for bail after nine months if no substantive progress is made in the trial. (Sanjay Priya, J) S.Ali/- U T