IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.25398 of 2011
ABHIMANYU SINGH SON OF SHRI CHANDRADEEP SINGH,
R/O VIL- GORAULI, P.S.- DARAUNDA, DISTRICT- SIWAN
Versus
The State Of Bihar
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2 02/08/2011 Heard Mr. Umesh Kumar Mishra, learned
counsel for the petitioner and learned APP for the
State.
The petitioner seeks bail in a case registered
under Sections 304B, 201/34 of the Indian Penal
Code.
The informant’s daughter Sulekha Devi
married with the petitioner on 5.5.2005 was done to
death on 23.2.2009 in the petitioner’s house.
Allegation is that all inlaws and relatives of the inlaws
of the deceased conspired and killed Sulekha because
of her inability to bring one Motorcycle and golden
chain by way of additional dowry.
Submission is that the deceased has
altercation with petitioner’s mother and later on she
has committed suicide. There is no separate allegation
against the petitioner and other identically situated
accused persons are on bail. The petitioner is in
custody since 26.2.2009. Further submission is that
he is ready to obey any condition if he is released on
bail. Though the case has been committed but there is
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no progress in the trial.
In a case under Section 304 B IPC relation
does matter and this has to be considered here so the
case of husband cannot be equated with the others.
Husband is not only expected to behave properly but
also it is expected that he will protect his wife against
tortures by others.
Considering the allegations against the
petitioner, I am not inclined to enlarge the petitioner
on bail. Accordingly, his prayer for bail is rejected.
avin (Shyam Kishore Sharma, J.)