Mukesh Kumar Singh @ Mukesh Singh Vs The State of Bihar — Patna HC (2024) — LawSathi Research

Mukesh Kumar Singh @ Mukesh Singh Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Petitioner enlarged on regular bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each, subject to the condition of physical presence before the learned court below on each and every date, failing which on two consecutive dates without reasonable cause the bail bond is liable to be cancelled.

Issue for consideration

Whether petitioner Mukesh Kumar Singh @ Mukesh Singh, husband of the deceased, should be granted regular bail in connection with Awtar Nagar P.S. Case No. 75 of 2015 registered for offences punishable u/s 304B read with Section 34 IPC, taking into account the facts and circumstances and his period of custody.

Court's answer

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner is directed to be enlarged on bail on furnishing a bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of the learned Court concerned, Saran.

Ratio / Principle

Bail is granted subject to the condition that the petitioner remains physically present before the learned court below on each and every date; failure to appear on two consecutive dates without reasonable cause will render his bail bond liable to cancellation.

Detailed headnote1 paragraphs

Regular Bail - Offences punishable u/s 304B read with Section 34, Indian Penal Code - Awtar Nagar P.S. Case No. 75 of 2015, District Saran - Deceased died of burnt injuries within two years of marriage; allegation of illegal dowry demand and torture against co-accused Geeta Devi and petitioner, the husband of the deceased - Petitioner claims innocence, absence at time of occurrence (allegedly in Delhi), and no criminal antecedent; petitioner in custody since 19.06.2023 - Co-accused had already been granted regular bail by Coordinate Bench of Patna High Court vide order dated 05.04.2024 in Cr. Misc. No. 14126 of 2016 (per counsel's submission) - State opposed through learned A.P.P. - Held: considering the facts and circumstances and the period of custody, petitioner directed to be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each, subject to condition of physical presence before the court below on each and every date; failure on two consecutive dates without reasonable cause entails cancellation of bail bond - Application allowed (Oral Order, 09-07-2024, Chandra Prakash Singh, J.).

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.11982 of 2024

Arising Out of PS. Case No.-75 Year-2015 Thana- AWTARNAGAR District- Saran

======================================================

Mukesh Kumar Singh @ Mukesh Singh Son of Nagendra Singh @ Nagendra Prasad Singh R/o vill - Jhauwa Basant, P.S. - Awtar Nagar, Distt. - Saran (Chhapra)

... ... Petitioner/s

Versus

The State of Bihar Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Ghanshyam Tiwary, Adv. For the Opposite Party/s : Mr.Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

ORAL ORDER

5 09-07-2024

Heard learned counsel for the petitioner and learned A.P.P

for the State.

2 . The petitioner has preferred this application for grant of regular bail in connection with Awtar Nagar P.S. Case No. 75 of 2015 dated 01.08.2015 registered for the offences punishable u/s 304B read with Section 34 of the Indian Penal Code.

3 . As per the prosecution case, the deceased died of burnt injuries within two years of her marriage and there is allegation of illegal demand as well as torturing against the co-accused, Geeta Devi and the petitioner.

4 . Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is the husband of the deceased and he has no concern with the alleged offence. The petitioner was not present at the time of the alleged occurrence. At that time he was in Delhi. The petitioner

Patna High Court CR. MISC. No.11982 of 2024(5) dt.09-07-2024 2/2

neither demanded any dowry nor tortured the informant’s sister. The co-accused person has already been granted regular bail by the Coordinate Bench of this court vide order dated 05.04.2024 passed in Cr. Misc. No. 14126 of 2016. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 19.06.2023.

5 . Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner who is the husband of the deceased.

6 . Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Saran in connection with Awatar Nagar P.S. Case No. 75 of 2015 with the condition :-

(i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

7 . The application stands allowed.

(Chandra Prakash Singh, J)

Gautam/- U T