IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24526 of 2020

Arising Out of PS. Case No.-102 Year-2020 Thana- BARAUNI District- Begusarai

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Rajnish Kumar @ Rajnish Kumar Singh @ Rajnish, Male, aged about 26

years, S/o Arun Singh @ Arun Kumar Singh, Resident of Village- Mahna,

P.S.- Barauni Refinery, Distt- Begusarai.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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Appearance :

For the Petitioner/s

:

Mr.Yogesh Chandra Verma, Senior Advocate

Mr. Sandip Kumar Gautam, Advocate

For the Informant :

Mr.Anuj Kumar, Advocate

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CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN

ORAL ORDER

8

08-02-2021

Heard Mr. Yogesh Chandra Verma, learned senior

counsel assisted by Mr. Sandip Kumar Gautam, learned counsel

for the petitioner, Mr. Anuj Kumar, learned counsel for the

informant and learned A.P.P. for the State.

The petitioner seeks bail in connection with Barauni

P.S. Case No. 102 of 2020 registered for the offences punishable

under Sections 304(B), 120(B) of the Indian Penal Code and

Section ¾ of Dowry Prohibition Act.

The prosecution case in short is that the informant Jai

Shankar Kumar, son of Shatrughan Prasad Singh of village –

Majlispur, P.S. Mahanar, District – Vaishali inter alia has stated

that his sister Neha Kumari was married with Rajnish Kumar,

son of Arun Singh of village – Mahna, P.S. Barauni, Refinery on

Patna High Court CR. MISC. No.24526 of 2020(8) dt.08-02-2021

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22.11.2019 at about 4 months ago and on the eve of marriage

Rs.10 lacs and goods of Rs.5 lacs were gifted and after marriage

his sister went to sasural Mahna where after few days, her

husband Rajnish Kumar, father-in-law Arun Singh, mother-in-

law Rita Devi, Manish Kumar, Sthuti Kumar, Bhawo of Arun

Singh, Pushpa Devi, Nanad Nikki Kumari started torturing and

assaulting his sister and demanded 5 lacs cash and a four

wheeler Swift Dezire as dowry. Otherwise, they will kill his

sister there upon his sister called upon his father and brother and

narrated the happenings. Further told that he along with his

father and co-villagers went to sasural of his sister and requested

that financial condition is not good and requested to provide

some time but the accused told that if the demand is not fulfill in

10 days, they will kill his siter. It has been further told that on

14.03.2020 at about 7 am, he got secret information by some

unknown, his sister has been killed by pressing her neck and

with intent to showing suicide she has been hanged by wrapping

the rope upon her neck then informant along with his well

wishers came to house of his sister on such information and saw

his sister was lying and there is a ligature mark upon her neck

then reported to police and the police sent her dead body to

Sadar Hospital, Begusarai for postmortem.

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Learned counsel for the petitioner submits that the

petitioner is innocent and has committed no offence as allewged

in the F.I.R. The entire prosecution case is false and fabricated.

He further submits that the police has submitted final form

against another co-accused persons. Learned counsel for the

petitioner further submits that the police has submitted charge

sheet under Section 306 of I.P.C. against the petitioner.

Petitioner is the husband of the deceased. It has been further

submitted that as a matter of fact, wife of the petitioner

(deceased) was living with her husband happily in her

matrimonial home and after some time, she wanted to go her

maika and date of bidagari was fixed but unfortunately on

02.02.2020, one close gotiya of petitioner namely Nawal Singh

died, hence, the bidagari of deceased was postponed and

thereafter another da