Chandan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16252 of 2015 Arising Out of PS.Case No. -10 Year- 2014 Thana -SAKSOHRA District- PATNA ======================================================

1. Chandan Singh S/o Ram AKaran Singh Resident of Village Bhawanchak, P.S. Sak Sohara, District Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr. Ashraf Ansari(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 12-08-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is languishing in custody since 11.09.2014 in a case registered for the offences punishable under Sections 498 (A), 304 (B), 201, 34 of the Indian Penal Code. The prosecution case is that Devendra Prasad Singh, informant of this case gave a written application to the Officer-incharge of Saksohra P.S. on 24.05. 2014 alleging therein that his daughter Shilpi Kumari was married with Chandan singh, son of Ram Karan Singh, resident of village- Bhawanchak on 08.6.2008 as per Hindu Riti Riwaj. At the time of marriage he had given Rs four lakhs seventy one thousand and a golden chain weighting about 2 bhar alongwith furniture with other goods costing about 1

Patna High Court Cr.Misc. No.16252 of 2015 (3) dt.12-08-2015 2/3 1⁄2 lacs at the time of marriage.

It is further alleged that his daughter had been living peacefully for about six months in her matrimonial house but after that she was being tortured for demand of three lacs more dowry, in cash. After retirement of her father from service after getting retrial benefits, they were threatening for second marriage after killing her, if their demand is not fulfilled. She had informed to her parents through mobile and the informant came to pacify the matter but they were not ready for that. On 22.05.2014 at about 12 hours they had done to death to his daughter by pressing her neck. On 24.05.2014 they learnt through villagers through mobile that her dead body has been disposed of without informing her parents due to non fulfillment of demand of dowry of Rs. 3 lacs.

The learned counsel for the petitioner submits that the petitioner spent happy married life with his wife and due to their wedlock, she has two children. He has further filed supplementary affidavit wherein at Annexure-4 A, the informant has annexed the compromise petition before the Court below stating therein that there is no dispute between the informant and the petitioner.It has further been stated in the supplementary affidavit that the deceased died due to diarrhea and has annexed medical prescription (Annexure-3).

Patna High Court Cr.Misc. No.16252 of 2015 (3) dt.12-08-2015 3/3 Under such circumstances, let the above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st class, Barh in connection with Saksohra P.S.Case No. 10/2014. (Nilu Agrawal, J) Sudha/- U T