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2025 DAILYLAW 29482 (PAT)

Kailash Singh v. The State of Bihar

CR. MISC./19359/2025 · 2025-08-13

Anil Kumar Sinha

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.19359 of 2025 Arising Out of PS. Case No.-263 Year-2024 Thana- ALAMNAGAR District- Madhepura ====================================================== 1. Kailash Singh S/O Late Tilak Singh R/O Village- Khanpur, P.S- Ratwara, Alam Nagar, Distt.- Madhepura. 2. Sanjeet Singh @ Sanjeet Kumar S/O Kailash Singh R/O Village- Khanpur, P.S- Ratwara, Alam Nagar, Distt.- Madhepura. ... ... Petitioner/s Versus 1. The State of Bihar 2. Beauti Kumari Now Dead W/O Ranjit Kumar Singh, D/O Kamal Kishor Mandal R/O Village- Usari Ward No. 9, P.S- Gogari, Distt.- Khagaria. ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Uday Chand Prasad For the Opposite Party/s : Mr.Kanhiya Kishor ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 3 13-08-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State. 2. The petitioners apprehend their arrest in connection with Alamnagar (Ratwara) P.S. Case No. 263/2024 registered for the offence under Sections 498-A, 328/307/34 of the Indian Penal Code and Section ¾ of the D.P. Act. Subsequently, Section 304(B) of the Indian Penal Code was added. 3. As per First Information Report, on the basis of the fardbeyan of the deceased dated 17.06.2024 stating therein that the informant (deceased) was married to co-accused Ranjit Patna High Court CR. MISC. No.19359 of 2025(3) dt.13-08-2025 2/4 Kumar Singh about one year ago. Thereafter, she arrived at her matrimonial home (Sasural) where her husband, father-in-law mother-in-law, Dewar, Bhaisur and other family members started demanding gold and motorcycle and threatened if demand is not fulfilled they would kill her. It has further been alleged that on 13.05.2025 in the night, the informant’s husband, father-in-law and mother-in-law forcibly administered water mixed with some substance due to which she started vomitting and her situation worsen. Thereafter, husband and father-in-law of the informant brought her to the parental home and the parents of the informant started treatment at Bhagalpur hospital from where she was referred to Dr. Bimal Hospital and Research Centre, Danapur, Patna. The informant died in PMCH, Patna on 27th June, 2024. 4. Mr. Uday Chand Prasad, learned counsel for the petitioners submits that the petitioner has falsely been implicated in this case. Petitioner No. 1 is father-in-law and petitioner No. 2 is brother-in-law of the deceased. The victim died in her parental home much after the lodging of the present case. He further submits that the husband of the deceased is in jail. Petitioner No. 1 (father-in-law) is residing separately and is not living with the husband and wife. The allegation of demand Patna High Court CR. MISC. No.19359 of 2025(3) dt.13-08-2025 3/4 of dowry against petitioner No. 2 (brother-in-law) is general and omnibus. There is no specific allegation against petitioner No. 2 of administering any substance in the water of the deceased. 5. On the other hand, learned A.P.P. for the State referring to the case diary submits that the fardbeyan has been recorded by the informant herself before her death on 17.06.2024. The police registered the F.I.R. on 05.07.2024 and on 27.06.2024, the informant died. 6. The F.I.R. is in the nature of dying declaration registered on the basis of fardbeyan of the deceased before the police. There is specific allegation that the petitioner No. 1 along with the deceased’s husband and mother-in-law administered water mixed some substance. The deceased has died in hospital within ten days from the date of her fardbeyan. Proceedings under Sections 82 and 83 Cr. P.C. has been initiated against the petitioners. 7. Regards being had to the submissions made by the parties and taking into consideration the nature of allegations made in the F.I.R. by the victim deceased herself and the fact that the petitioners are specifically named in the F.I.R. and proceedings under Sections 82 and 83 of the Cr. P.C. have already been initiated against them, I am not inclined to grant Patna High Court CR. MISC. No.19359 of 2025(3) dt.13-08-2025 4/4 anticipatory bail to these petitioners. It is, accordingly, dismissed. Saif/- (Anil Kumar Sinha, J) U T