Chhotan Singh @ Sidhyanath Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11530 of 2018 Arising Out of PS.Case No. -159 Year- 2016 Thana -BHAGWANPUR DistrictVAISHALI(HAJIPUR) ====================================================== Chhotan Singh @ Sidhyanath Kumar Singh S/o Ram Shankar Singh Resident of Village-Harpur Kasturi, P.S. Bhawanpur, District-Vaishali. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sunil Kumar Singh For the Opposite Party/s : Mr. Sri Zainul Abedin ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 30-03-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 05.12.2017 in connection with Bhagwanpur P.S. Case No. 159 of 2016 for offences punishable under Sections 304(B)/34 of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that his daughter Ritu Kumari was married to the petitioner in the year 2016 but due to non-fulfillment of demand of dowry, the daughter was killed and her body was being tried to dispose off but the informant saw the dead body in a half burnt condition. It is alleged that the petitioner who is husband along with the family members have killed his daughter by pouring kerosene oil for non-

Patna High Court Cr.Misc. No.11530 of 2018 (3) dt.30-03-2018 2/2 fulfillment of demand of dowry.

It has been submitted by the learned counsel for the petitioner that he is innocent and has been falsely implicated in the aforesaid case. He submits that a compromise has been done between the parties and that no such occurrence took place rather the deceased died a natural death while she was preparing meal and the petitioner was not instrumental in killing the deceased by pouring kerosene oil.

However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, I am not inclined to grant privilege of bail to the petitioner at this stage in connection with Bhagwanpur P.S. Case No. 159 of 2016 pending in the court of learned Additional Chief Judicial Magistrate-III, Vaishali at Hajipur. The application is, accordingly, rejected. However, the petitioner is at liberty to renew his prayer for bail after framing of charge.

(Nilu Agrawal, J) Devendra/- U T