Chandra Shekhar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67236 of 2023 Arising Out of PS. Case No.-258 Year-2023 Thana- MAGADH MEDICAL COLLEGE District- Gaya ====================================================== 1.

Chandra Shekhar Singh Son Of Siddheshwar Singh R/O Mohalla - Veer Kunwar Singh Colony, Road No. 5, Gaya, P.S. - Magadh Medical, Distt. - Gaya 2.

Sunita Singh Wife of Chandra Shekar Singh R/o Mohalla - Veer Kunwar Singh Colony, road no. 5, Gaya, P.S. - Magadh Medical, Distt. - Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar For the Opposite Party/s :

Mr.Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-01-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 304(B)/34 of the Indian Penal Code.

3. Petitioners are said to have committed murder of the daughter of the informant for non-fulfillment of demand of dowry.

4. Learned counsel for the petitioners submits that the petitioners are innocent and has been falsely implicated in this case. He submits that there is no specific overt act against the petitioners. He submits that the petitioners are father-in-law and mother-in-law of the deceased. He submits that the

Patna High Court CR. MISC. No.67236 of 2023(3) dt.23-01-2024 2/2 deceased was separately from her in-laws family members and on the alleged date of occurrence, she committed suicide. He submits that the police after investigation submitted the chargesheet against the petitioners under Section 306 of the IPC. He submits that there is no eye witness to the occurrence. He further submits that petitioners have one criminal antecedent as stated in the supplementary affidavit.

5. Learned APP for the State and learned counsel for the opposite party no. 2 opposing the prayer for bail submit that the husband of the deceased has supported the prosecution case.

6. Considering the nature of offence, I am not inclined to enlarge the petitioners on bail. Accordingly, their prayer for anticipatory bail is rejected in connection with Magadh Medial P.S. Case No. 258 of 2023.

7. However, if the petitioners surrender before the learned court below within a period of six weeks from today and pray for regular bail, the same shall be considered by the learned court below on the same day without being prejudiced by this order.

(Anjani Kumar Sharan, J) devendra/- U T