Dismissed¶29

Dhananjay Singh @ Dhananjay Kumar v. The State of Bihar

Patna HC6 Feb 2025CR. MISC./46813/2024

Case brief

AI extract

What is this about?

Patna High Court; CR. MISC. No.46813 of 2024; decided 06-02-2025 by Hon'ble Mr. Justice S. B. Pd. Singh (oral order); anticipatory bail application rejected/dismissed; Sabour (Goradih) P.S. Case No. 136 of 2021; District Bhagalpur; Sections 302 and 120(B) of the I.P.C.; deceased Kavita Devi (wife of informant); aluminium phosphide / CELPHOS detected in viscera; electrocution story overruled; petitioner absconding since 14.06.2021; investigation ongoing; direct allegation to kill; advocates Kamal Kumar Sinha (petitioner) and Sanjay Kumar Singh, APP (State).

What did the court decide?

The Court observed that the story of electrocution advanced by the petitioner and his family stood overruled by the extract of the viscera report (case diary para 97), which detected Aluminium Phosphide in the dark brown fluid. ¶17

Dhananjay Singh @ Dhananjay Kumar Vs The State of… — Murder and Culpable Homicide | Patna HC (2025)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.46813 of 2024

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Arising Out of PS. Case No.-136 Year-2021 Thana- SABAUR District- Bhagalpur

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

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Dhananjay Singh @ Dhananjay Kumar Son Of Sri Laxman Singh VillageKalikapur, P.S.- Goradih, Distt.- Bhagalpur

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Kamal Kumar Sinha, Advocate For the Opposite Party/s : Mr. Sanjay Kumar Singh, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER

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5 06-02-2025

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Heard learned counsel for the petitioner and learned APP for the State.

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The petitioner is apprehending his arrest in connection with Sabour (Goradih) P.S. Case No. 136 of 2021 for the offence under Sections 302 and 120(B) of the I.P.C.

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As per the F.I.R., the petitioner Dhananjay Singh had invited the informant on the occasion of marriage on 19.05.2021 and on the next day i.e. 20.05.2021, he took Kavita Devi (wife of the informant) and his four year son and two year daughter at his house. It is further alleged that on the next day informant received information that condition of his wife was serious and when he reached Kalikapur, he found the dead body of the her wife – Kavita Devi lying in the house of

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Patna High Court CR. MISC. No.46813 of 2024(5) dt.06-02-2025 2/3

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Raju Goswami. The petitioner and family members told him that when deceased was sleeping in the house, at about 03.00 A.M., the main iron gate touched with the live wire of generator and due to electric shock she died.

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But the above story of electrocution has been overruled by the extract of viscera report which is mentioned in para 97 of the case diary and it is as under:-

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“ RESULT OF EXAMINATION

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1. Aluminium Phosphide was detected in the dark brown fluid as described above.

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Aluminium Phosphide is commercially known CELPHOS is severe gastro-intestinal irritant it is used as a grain preservative and is a highly poisonous.

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2. Opinion on exhibit marked B will be furnished separately.”

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In para 37 of the case diary, it is mentioned that

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petitioner was absconding since 14.06.2021, when the police made attempt to search or raid.

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As there is direct allegation against the petitioner

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along with other accused persons, to kill the deceased and investigation is still going on. Hence, keeping in view the seriousness as well as nature of this case, this Court is not

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Patna High Court CR. MISC. No.46813 of 2024(5) dt.06-02-2025 3/3

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inclined to enlarge the petitioner on bail.

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