Patna High CourtCR. MISC./67188/2023dismissed

Harishchandra Singh @ Harichandra Singh v. The State Of Bihar

2023-12-13Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67188 of 2023 Arising Out of PS. Case No.-91 Year-2023 Thana- SIWAN CITY District- Siwan ====================================================== HARISHCHANDRA SINGH @ HARICHANDRA SINGH Son of Sri Sachidanand Singh R/o vill - Palnagar, P.S. - Siwan (T), Distt. - Siwan ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kumar Thakur Mr.Vaishnavi Singh For the Opposite Party/s :

Mr.Md. Mushtaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 13-12-2023 Heard learned counsel appearing on behalf of the petitioner, learned counsel for the informant and learned APP appearing on behalf of the State.

2. Let the defect(s), if any, be removed within a period of four weeks from today.

3. The petitioner seeks bail in connection with Nagar P.S. Case No. 91 of 2023 registered for the offence under Section 304B/34 of the Indian Penal Code.

4. As per the prosecution case, the deceased was killed by the accused persons including the petitioner who is the husband of the deceased for demand of dowry.

5. Learned counsel for the petitioner has submitted that from reading of the FIR it appears that the dead body of the

Patna High Court CR. MISC. No.67188 of 2023(3) dt.13-12-2023 2/2 deceased has been recovered from the house and the family members of the deceased informed and the police was also informed.

6. Learned counsel for the informant and learned APP for the State jointly opposed the prayer for bail and has submitted that the marriage was solemnized in December, 2021 and the deceased was killed on 17.2.2023. They further submits that if it is case of self-hanging then the police must have been called before taking the body out from the hanging position.

7. In view of the facts and circumstances, as mentioned above, this Court is not inclined to grant bail to the petitioner.

8. Accordingly, the prayer of bail of the petitioner is rejected herewith.

9. The Court below is directed to expedite the trial.

10. If there is delay in the trial then the petitioner may renew his prayer for bail.

(Sandeep Kumar, J) Vikas/- U T