Chandan Giri v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.26234 of 2016 Arising Out of PS.Case No. -22 Year- 2016 Thana -NALANDA District- NALANDA (BIHARSHARIFF) ====================================================== Chandan Giri Son of Late Krishna Giri Resident of village - Bidupur, P.S. and District - Nalanda .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rana Baljit Singh For the Opposite Party/s : Mr. J. N. Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 18-08-2016 The petitioner being husband of the informant is languishing in custody since 03.05.2016 in a case registered for the offences punishable under Sections 342, 498A, 323, 504, 326, 307/34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.
The prosecution case is that after two years of marriage the mother-in-law of the informant poured kerosene oil and lit the fire. Subsequently the informant succumbed to the injuries. Initially the First Information Report was registered under Sections 342, 498A, 323, 504, 326, 307/34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act but subsequently Section 302 I.P.C was also added. It is submitted by learned counsel for the petitioner that petitioner is husband of the informant. Admittedly the petitioner was at Delhi when the victim received
Patna High Court Cr.Misc. No.26234 of 2016 (3) dt.18-08-2016 2/2 burn injury at the hands of her mother-in-law and it is the admitted case of the informant that informant was treated well when the petitioner used to reside at her native place. It is submitted by learned counsel for the informant that mother-in-law of the informant used to get her assaulted through this petitioner and she also used to demand dowry. Moreover on conclusion of the investigation the chargesheet has been submitted under Section 304B of the Indian Penal Code.
Considering the fact that the victim died after two years of marriage though petitioner was not present when the victim died, this Court is not inclined to grant bail to the petitioner at present.
The application stands dismissed in connection with Nalanda P.S. Case No. 22 of 2016, pending in the Court of learned Chief Judicial Magistrate, Nalanda at Biharsharif.
(Dinesh Kumar Singh, J) Shageer/- U T