Madan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1520 of 2022 Arising Out of PS. Case No.-231 Year-2020 Thana- BIBHUTIPUR District- Samastipur ====================================================== MADAN SINGH Son of Ram Naresh Singh Resident of Village- Singhia Buzurg, South Tola Shivnathpur, P.S.- Bibhutipur, District- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K. Agrawal, Sr. Advocate :

Mr. Vijay Anand, Advocate For the Opposite Party/s :

Mr.Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 23-01-2023 A viscera examination report was called for by an earlier order dated 17.11.2022, passed by a co-ordinate Bench of this Court, which has been received and has been opened, according to which, no Metallic, Alkaloidal, Glycosidal, Pesticidal or Volatile poison has been reflected in the content of the plastic jar. Let the said report be sealed and sent back.

Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Bibhutipur PS case no. 231 of 2020 instituted for the offences punishable under Section 304(B)/34 of the Indian Penal Code.

The allegation is regarding the marriage of the

Patna High Court CR. MISC. No.1520 of 2022(6) dt.23-01-2023 2/3 daughter of the informant having been solemnized with the petitioner, whereafter the daughter of the informant had gone to her matrimonial home, however, subsequently, some matrimonial dispute had arisen and then the accused persons including the petitioner herein, who is the husband of the deceased victim lady had pressed the neck of the daughter of the informant and had killed her on account of non-fulfilment of the demand for dowry.

The learned Senior counsel for the petitioner submits that the petitioner is innocent, has been falsely implicated in the present case, he is having a clean antecedent and is languishing in custody since 15.10.2021. It is further submitted that there is no eye-witness to the alleged occurrence and a general and omnibus allegation has been levelled against all the accused persons.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also those available in the case diary, this Court finds that there are ample materials on record to

Patna High Court CR. MISC. No.1520 of 2022(6) dt.23-01-2023 3/3 show the complicity of the petitioner in the alleged crime, hence, I am not inclined to grant privilege of bail to the petitioner, thus the present petition stands dismissed. (Mohit Kumar Shah, J) rinkee/- U T