Milan Kumar Singh @ Amit Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78026 of 2024 Arising Out of PS. Case No.-536 Year-2024 Thana- SAHARSA SADAR District- Saharsa ====================================================== Milan Kumar Singh @ Amit Kumar Singh S/O Panchlal Singh Resident of village - Sadhopur P.S - Naughachiya, District.- Bhagalpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Aditya Raj, Advocate For the Opposite Party/s :
Mr. Jitendra Kumar Singh, APP For the Informant :
Mr. Saurav Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 27-01-2025 Heard learned counsel for the petitioner and learned APP for the State as also learned counsel for the informant. Perused the case diary.
2.
The petitioner seeks bail in connection with Saharsa Sadar P.S. Case No. 536 of 2024 instituted for the offence under Sections 304(B), 120(B) & 302 of the Indian Penal Code.
3.
As per prosecution case, daughter of the informant has been done to death by her in-laws due to non-fulfillment of the demand of dowry.
4.
It has been submitted on behalf of the petitioner that the petitioner is in custody since 05-06-2024. Petitioner bears no criminal antecedent, as per disclosure made in
Patna High Court CR. MISC. No.78026 of 2024(3) dt.27-01-2025 2/3 paragraph No. 3 of the bail application.
5.
It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Petitioner is the husband of the deceased. Only on the basis of confessional statement of co-accused, Sumit Kumar Singh, name of the petitioner has been implicated in this case. Petitioner was not present at the time of occurrence. Learned counsel submits that petitioner has no active role to play in the commission of the offence.
6.
Learned A.P.P. for the State and learned counsel for the informant have vehemently opposed the prayer for grant of bail to the petitioner by contending that petitioner is the conspirator behind the occurrence. Petitioner in his confessional statement has confessed his complicity in the alleged occurrence. Postmortem report mentions the cause of death as asphyxia due to throttling and mentions several injury marks on the body of the deceased.
7.
Considering the aforesaid facts and circumstances of the case, taking into account the nature and gravity of the offence, this Court, at this stage, is not inclined to grant bail to the petitioner. Prayer for grant of bail is, accordingly, rejected. 8.
The Trial Court is directed to expedite the trial as
Patna High Court CR. MISC. No.78026 of 2024(3) dt.27-01-2025 3/3 expeditiously as possible without any undue delay and unnecessary adjournments.
(Rudra Prakash Mishra, J) Raj Kishore/- U T