Justice Chandra Prakash Singh rejected the petitioner's application for anticipatory bail in a dowry-death case, citing the heinous nature of the allegations. The court directed the petitioner to surrender before the court below within six weeks.
Application for anticipatory bail rejected; petitioner directed to surrender within six weeks.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.17933 of 2024
Arising Out of PS. Case No.-99 Year-2023 Thana- JANTA BAZAR District- Saran
======================================================
SUNIL THAKUR SON OF RAM DAYAL THAKUR R/O-TELCHA, P.S.JANTA BAZAR, DISTT.-SARAN
... ... Petitioner/s
Versus
The State of Bihar BIHAR
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Avnish Kumar Singh, Adv. For the Opposite Party/s : Mr.Parmanand Kumar, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH
ORAL ORDER
3 19-04-2024
Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Janta Bazar P.S. Case No. 99 of 2023 dated 17.06.2023 registered for the offences punishable under Sections 304B, 201 read with Section 34 of the Indian Penal Code.
3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have killed the informant’s niece due to non-fulfillment of demand of a motorcycle as dowry. It is further alleged that the dead body of the informant’s niece was burnt by the accused persons.
4. Learned counsel for the petitioner has submitted
Patna High Court CR. MISC. No.17933 of 2024(3) dt.19-04-2024 2/2
that the petitioner is innocent and has falsely been implicated in this case. The petitioner neither demanded any dowry nor tortured the informant’s niece. It is further submitted that the petitioner is the husband of the deceased and he has no concern with the alleged offence. The petitioner has no criminal antecedent as stated in para 3 of the bail petition.
5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner and submitted that the petitioner is the husband of the deceased who killed her due to non-fulfillment of demand of dowry.
6. Considering the aforesaid facts and circumstances of the case as well as the heinous nature of allegation against the petitioner, The petition is rejected and the petitioner is directed to surrender before the Court below concerned within six weeks from the date of this order and pray for regular bail, the learned Court below will consider his prayer for regular bail in accordance with law without being prejudiced by this order.
7. The application stands rejected.
(Chandra Prakash Singh, J)
Gautam/-
U T
2 issues framed by the court
Whether anticipatory bail should be granted to the petitioner in a dowry-death case.
Whether the petitioner should be directed to surrender for regular bail.
Sunil Thakur
The State of Bihar
Chandra Prakash Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
