Akhileshwar Singh @ Munna Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62319 of 2019 Arising Out of PS. Case No.-124 Year-2019 Thana- JANTA BAZAR District- Saran ====================================================== AKHILESHWAR SINGH @ MUNNA SINGH, Son of Late Thakur Singh Resident of Village - Dayalpur, Senduar, P.S.- Janta Bazar, Distt - Saran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gajendra Kumar Singh, Adv.

For the Opposite Party/s :

Mr. (Dr.) Mrityunjaya Kr.Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 22-10-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner, being the father of the husband of the victim, is languishing in custody since 02.08.2019 in a case registered for the offences punishable under Sections 304B and 201/34 of the Indian Penal Code.

The prosecution case got initiated on the basis of written report of Nagendra Sharma submitted before the Station House Officer, Janta Bazar (Saran) Police Station is to the effect that the informant's daughter's marriage was performed with the son of the petitioner, namely, Abhishekh Kumar @ Rohit Kumar Singh on 27.04.2015, but due to nonfulfillment further dowry demand of a bullet motorcycle, the daughter of the informant has been killed.

Patna High Court CR. MISC. No.62319 of 2019(2) dt.22-10-2019 2/3 It is submitted by learned counsel for the petitioner that in fact the marriage of the daughter of the informant was performed in the year 2011, but maliciously in order to bring the case within the square of Section 304B, the date of marriage has been recorded as 27.04.2015. Moreover, the accusation of demand of dowry after four years of marriage, appears to be unreasonable and the petitioner claims to reside separately from the husband of the victim. It is further submitted that the thrust of accusation is against the son of the petitioner and a statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent.

Learned APP for the State submits that the daughter of the informant has been killed within four years of marriage due to non-fulfillment of further dowry demand. Considering the thrust of accusation against the husband of the victim, accusation being omnibus and general against the petitioner, coupled with statement made in paragraph no.3 of the petition to the effect that the petitioner is not having any criminal antecedent, 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

Patna High Court CR. MISC. No.62319 of 2019(2) dt.22-10-2019 3/3 amount each to the satisfaction of learned ACJM-V, Saran at Chapra, in connection with Janta Bazar P.S. Case No.124 of 2019.

(Dinesh Kumar Singh, J) Ashwini/- U T