Santosh Kumar Prajapati v. the State of Jharkhand

IN THE HIGH COURT OF JHARKHAND AT RANCHI

B.A. No.9274 of 2021

Santosh Kumar Prajapati @ Santos Kr. Parjapati ..... … Petitioner Versus The State of Jharkhand …. …. Opp. Party --------

CORAM : HON’BLE MR. JUSTICE SUBHASH CHAND -----For the Petitioner : Mr. Arun Kumar, Advocate For the State : Mr. Rajneesh Vardhan, A.P.P. --------

03/13.01.2022 Heard learned counsel for the applicant and learned A.P.P. for the State.

This bail application has been filed on behalf of the applicant– Santosh Kumar Prajapati @ Santos Kr. Parjapati with prayer to release on bail in connection with S.T. Case No.213 of 2019 registered under Sections 304-B/34 of the Indian Penal Code pending in the court of learned Additional Sessions Judge-IV, Chaibasa.

Learned counsel for the applicant has submitted that the F.I.R. of this was lodged by the informant against the three named accused persons including the applicant with the allegations that his daughter was married in the year 2012 with Santosh Prajapati and after solemnization of marriage her husband, father-in-law and mother-in-law had subjected her to physical and mental cruelty for non-fulfilment of demand of Rs.1 lac and motorcycle, the dowry death of his daughter was caused by the accused persons. It is also alleged that prior to this incident, the accused persons had made effort to set her ablaze after pouring kerosene oil.

Learned counsel for the applicant has further submitted that the marriage was solemnized in the month of June, 2012 and the incident is of 29^th May, 2019 and after lapse of seven years of marriage, no case under Section 304-B is made out against the applicant. The victim had committed suicide and no such case was ever lodged in regard to subjecting the victim to cruelty prior to this incident. The applicant has been languishing in jail since 31.05.2019.