IN THE HIGH COURT OF BIHAR AT PATNA

ORIGINAL WRIT JURISDICTION

WRIT PETITION (CRIMINAL) NO. 2314 OF 2017

IN THE MATTER OF:

Deepak Kumar PETITIONERS

Vs

State of Bihar and Ors. RESPONDENTS

INDEX

S. No Particulars Page No.

1. Urgent Application 04

2. Notice of Motion 06

3. Memo of Parties 08

4. Synopsis and List of Dates 10

5. Writ Petition 13

6. Affidavits in Support of the Petitioners 22

1
7. ANNEXURE P-1 28

Being the Marriage certificate of Deepak kumar

and Renuka kumari .

8. ANNEXURE P-2 29

Being the copy of ultrasound report of the

deceased showing that she was suffering from
Endometriosis

9. ANNEXURE P-3 30

Being the Prescription of gynaecologist Dr. Mona

Gupta for Kiara Singhania for adding the process
of conceiving.

10. ANNEXURE P-4 31

Being the Bill from the local chemist nearby of the

sleeping pills named “Nutriup Sleepeaze” taken by
Kiara.
11. ANNEXURE P-5 32

The reports of the hospital, AIIMS, by the

gynaecologist, Dr. Mona Gupta where the deceased
was hospitalized

12. ANNEXURE P-6 32

Being the copy of FIR filed by Respondents on

10th march,2018.

2
13. ANNEXURE P-7 35
Being the statements of the neighbours residing
close by who were aware about the nature of the
Petitioners.

14. ANNEXURE P-8 37

Various articles and newspaper cut outs showing
the linkups with powerful personalities of the
Respondent to show the dominant position they
had for influencing the officials.

PETITIONERS IN PERSON:

Deepak Kumar

Advocate:

Ram kumar

Boring road, canal

Patna -02

Mb no-8765432100

3
 IN THE HIGH COURT OF BIHAR AT PATNA

ORIGINAL WRIT JURISDICTION

WRIT PETITION (CRIMINAL) NO.2314 OF 2017

IN THE MATTER OF:

Deepak kumar and Ors. PETITIONERS

Vs

State of Bihar and Ors. RESPONDENTS

URGENT APPLICATION

Deputy Registrar

High Court of Madhya Pradesh, Jabalpur

Sir,

4
Will you kindly treat the accompanying petition and application as an urgent
one in accordance with the High Court Rules and Orders.
The grounds of urgency are that the petitioner no. 2 and 3 are in their old age
and petitioner no. 2 is a diabetic patient and petitioner no. 3 is a heart patient.
The medication given to petitioner no. 2 and 3 and the conditions prevalent
are not sound leading to further deterioration of the health of the petitioner no.
2 and 3. Furthermore, very influential people are involved in the case from
the side of respondent due to which the matter has already faced a lot of
unnecessary delay.
It is prayed that the matter be listed on

Yours Faithfully,

PETITIONERS IN PERSON: Deepak kumar

Ram kumar

Boring road, canal

Patna -02

Mb no-8765432100

Email: ramac@gmail.com

5
IN THE HIGH COURT OF BIHAR AT PATNA
ORIGINAL WRIT JURISDICTION

WRIT PETITION (CRIMINAL) NO. 999 OF 2017

IN THE MATTER OF:

Deepak kumar PETITIONERS

Vs

State of Bihar and Ors. RESPONDENTS

NOTICE OF MOTION

Sir,

The enclosed writ petition by the petitioners is coming up for hearing on

________________________

PETITIONERS IN PERSON: Deepak kumar,

C-8, Patliputra complex, anisabad Road, Patna, Bihar;

6
 Mobile No: 8754549411

Ram kumar

Boring road, canal

Patna -02

Mb no-8765432100

Email: ramc@gmail.com

Bhopal, Madhya Pradesh

Date:21st March, 2018

IN THE HIGH COURT OF BIHAR AT PATNA

7
 ORIGINAL WRIT JURISDICTION

WRIT PETITION (CRIMINAL) NO. 2314 OF 2017

MEMO OF PARTIES

1. Deepak kuma,

C-8, Patliputra complex,

anisabad Road,

Patna, Bihar; ……… PETITIONERS

Vs

1. State of BIHAR ……..…….RESPONDENTS

PETITIONERS IN PERSON:Deepak kumar

C-8, Patliputra complex,anisbad

Mobile No: 8754549411

Email: deepkumar@gmail.

com

8
 SYNOPSIS

1) The instant Writ Petition seeks a direction from this Hon’ble Court
ordering the setting up of CBI headed SIT to investigate in a time
bound manner under a court monitored mechanism under Article 226
of the Constitution of India, 1950 the murder case of Late Kaira
Singhania in which inordinate delays has been caused which is a blot
on the justice system.
2) The objective of penal law and the societal interest in setting the
criminal law in motion against the offenders with reasonable
expedition is thereby frustrated. The adverse effect of delay on the
society at large is immeasurable. The fear of law and the faith in the
criminal justice system is eroded irretrievably.
3) The case referred to in this Writ Petition is an extreme example of
the slow-motion of the criminal justice process and the extent to which
it can be subverted by the rich and influential. It unfolds the apparent
apathy on the part of all those concerned with the administration of
criminal justice.
4) The fact that influential personalities and their henchmen are
involved in this case presents an added dimension to the issue and
raises questions on the efficacy of the existing systems and practices
to counter the moves of such influential persons facingserious criminal
charges.
5) Public interest demands that the criminal cases especially those
related to serious crimes are concluded within a reasonable time so
that those guilty are punished. People get frustrated with the system
and lose faith in the rule of law, if at every stage there is delay and the
process of justice is not allowed to take its normal course, more so,

9
when deliberate attempts are made to subvert and delay the process to
favour influential people.

LIST AND DATE OF EVENTS

1. 01.01.2015 Deepak kumar

2. April 2017 Deepak kumar was in depression for the

last one year because of not being able
to conceive a child due to
Endometriosis.

3. 25.05.2017 Deceased was prescribed with sleeping

pills namely Nutriup Sleepeaze by the
gynaecologist Dr. Mona Gupta

3. 15.11.2017 Deceased Kaira Singhania was

hospitalised due to overdoze of sleeping
pills.

4. 03.03.2018 Kaira Singhania passed away.

5. 10.03.2018 F.I.R. filed by mother and father of

Kaira i.e. Respondent 2and 3.

6. 12.03.2018 Petitioners were under illegal detention

and were not able to exercise the right
of bail.

10
7. 21.03.2018 Hence, this Writ Petition.

11
 IN THE HIGH COURT OF MADHYA PRADESH AT
JABALPUR

ORIGINAL WRIT JURISDICTION

WRIT PETITION (CRIMINAL) NO. 2413 OF 2017

IN THE MATTER OF:

Deepk kumar. PETITIONERS

Vs

State of Bihar and Ors. RESPONDENTS

WRIT PETITION UNDER ARTICLE 226 OF THE

CONSTITUTION OF INDIA PRAYING FOR AN
APPROPRIATE WRIT, ORDER OR DIRECTION FOR
RELEASE FROM ILLEGAL DETENTION IN THE ABOVE
CASE

12
To the Chief Justice of Bihar and
His Companion Judges of the
Bihar High Court.

THE HUMBLE PETITION OF THE PETITIONER ABOVE NAMED

MOST RESPECTFULLY STATES AS UNDER:
1. That the Petitioner No. 1, aged 34, is a software engineer in Videocon
Industries Ltd., with an income of Rs. 15,00,000/- per annum.
According to his family and employees, he is a kind hearted person
and had no dispute with anyone. The Petitioner was married to the
deceased, Kaira Singhania, on 1st January, 2015. The petitioner was
living a happily married life except for the fact that they were not able
to conceive a child as the deceased from suffering from
Endometriosis. [The copy of the marriage certificate of the petitioner
no. 1 and the deceased is appended as ANNEXURE-1 and the copy of
ultrasound report of the deceased showing that she was suffering from
Endometriosis is appended as ANNEXURE-2]
2. That Petitioner No. 2, aged 74, is a retired Government officer and is a
respectable member of the society. The petitioner no. 2 is married to
petitioner no. 3.
3. That petitioner no. 3, aged 70, is a retired government school teacher.
4. That the deceased was in depression for the last one year as she was
not able to conceive a child. Due to this pressure, the deceased was
prescribedto take sleeping pills once a week asprescribed by the
family doctor of the petitioners. The deceasedfelt that she was not able
to procreate and due to the same, started taking overdose of the
prescribed sleeping pills.Even after several attempts by the petitioner
no. 1 for stopping the deceased from taking the pills, the deceased
continued taking them secretly. The deceased, on few occasions, had
to be hospitalized due to the overdose of sleeping pills. [The copy of

13
 the prespcription of gynaecologist, Dr. Mona Gupta, for the deceased,
Kaira Singhania for the sleeping pills; the bill from the local chemist
nearby namely, 24 Hour Chemist, for the sleeping pills named Nutriup
Sleepeaze taken by the deceased and the reports of the hospital,
AIIMS, by the gynaecologist, Dr. Mona Gupta where the deceased
was hospitalized are appended as ANNEXURE 2, 3 and 4
respectively.]
5. That there had been no demand of dowry by the petitioners before or
after the solemnization of marriage from the deceased and respondent
no. 2 and 3.
6. That on 3rd March, 2018, the deceased, Kaira Singhania, died due to
overdose of sleeping pills.
7. The respondent no. 2 and 3 filed an FIR on 10 th March, 2018, against
the petitioner no. 1, 2 and 3. The petitioners were arrested by the
police and were charged under section 304B IPC as the respondents
no. 2 and 3 alleged that the petitioners overdosed the deceased with
the sleeping pills due to the fact that the deceased did not fulfil the
petitioners demand for dowry. [The copy of the FIR filed by the
respondents is appended as ANNEXURE-5]
8. That there is no concrete evidence against the petitioners on the basis
of which they are arrested. The respondent no. 2 and 3 have contacts
with influential political personalities. That due to the involvement of
such influential personalities in this case, the petitioners are under
illegal detention and are not able to exercise their right to bail. [The
copy of the statements of the neighbours residing close by who were
aware about the humble nature of the petitioners and the copy of the
various articles and newspaper cut-outs showing the linkups with
powerful personalities of the respondent to show the dominant position
they had for influencing the official are appended as ANNEXURE- 6
and 7]

14
8. The Petitioners are personally bearing the cost of this Writ Petition.
9. The Petitioners have the means to pay the costs of if any, imposed by
this Hon’ble Court and on an undertaking to the Hon’ble Court in that
respect.
10. That the instant Writ Petition seeks a pronouncement from this
Hon’ble Court ordering the release of the petitioners from the illegal
detention by the police authorities. Furthermore, the petitioners also
seek a pronouncement from this Hon’ble Court ordering that the
petitioners be provided with the autopsy and the post-mortem report
of the deceased, under Article 226 of the Constitution of India, 1950 in
the present case in which illegal detention has been caused which is a
blot on justice system. The objective of penal law and the societal
interest in setting the criminal law into motion against the offenders
with reasonable expedition is thereby frustrated. The fear of law and
the faith in the criminal justice system is eroded irretrievably. The case
referred to in this Writ Petition is an extreme example of the slow-
motion of criminal justice process and the extent to which it can be
subverted. It unfolds the apparent apathy on the part of all those
concerned with administration of criminal justice.
9. FACTS:

A. That the deceased, was in depression for the last one year as she was
not able to conceive a child as the deceased from suffering from
Endometriosis.Due to this pressure, the deceased was prescribedto
take sleeping pills once a week asprescribed by the family doctor of
the petitioners[The copy of the prespcription of gynochologist, Dr.
Mona Gupta, for the deceased for the sleeping pills, the copy of
ultrasound report of the deceased showing that she was suffering from
Endometriosis and the bill from the local chemist nearby namely, 24
Hour Chemist, for the sleeping pills named Nutriup Sleepeaze taken

15
 by the deceased are appended as ANNEXURE 2 , 3 and
4respectively.]
B. The deceasedfelt that she was not able to procreate and due to the
same, started taking overdose of the prescribed sleeping pills. Even
after several attempts by the petitioner no. 1 for stopping the deceased
from taking the pills, the deceased continued taking them secretly. The
deceased, on few occasions, had to be hospitalized due to the overdose
of sleeping pills. [The copy of the reports of the hospital, AIIMS, by
the gynaecologist, Dr. Mona Gupta where the deceased by
hospitalized is appended as ANNEXURE-4].
C. That there had been no demand of dowry by the petitioners before or
after the solemnization of marriage from the deceased and respondent
no. 2 and 3.
D. That on 3rd March, 2018, the deceased died due to overdose of
sleeping pills.
11. The respondent no. 2 and 3 filed an FIR on 10 th March, 2018, against
the petitioner no. 1, 2 and 3. The petitioners were arrested by the
police and were charged under section 304B IPC as the respondents
no. 2 and 3 alleged that the petitioners overdosed the deceased with
the sleeping pills due to the fact that the deceased did not fulfil the
petitioners demand for dowry.[The copy of the FIR filed by the
respondents is appended as ANNEXURE-5]
E. That there is no concrete evidence against the petitioners on the basis
of which they are arrested. The respondent no. 2 and 3 have contacts
with influential political personalities. That due to the involvement of
such influential personalities in this case, the petitioners are under
illegal detention and are not able to exercise their right to bail. [The
copy of the various articles and newspaper cutouts showing the
linkups with powerful personalities of the respondent to show the

16
 dominant position they had for influencing the official are appended as
ANNEXURE-7]
F. That the preliminary reports suggested that death was caused due to
drug overdose namely “Nutriup Sleepeaze” which was found at the
scene of crime. However, subsequently it is suggested that Nutriup
Sleepeaze was prescribed by the family doctor of the petitioners for
the deceased.
G. That the petitioner no. 1 in his statement given to police dated – 10 th
March , 2018 mentioned that “As regards Nutriup Sleepeaze, I wish to
state that my late wife used to take this to enable her to sleep, who
prescribed or suggested Nutriup Sleepeaze to her is our family
doctor”, also he stated that “I was aware of it when my wife mentioned
it to me that she relied on it to sleep.”
H. The post-mortem report and the opinion vide PM report no. 77/14 of
deceased were handed over to the investigating sub divisional
Magistrate, Vasant Vihar but were never shown to the petitioners.
11. This writ petition is filed on the basis of the following grounds which
are set out below without prejudice to each other.

GROUNDS:

A. BECAUSE the petitioners were arrested by the police authorities on

10th March, 2018, but according to Section 50 CrPC, the petitioners
were not informed by the police authorities of the full particulars of
the offence for which the petitioners were arrested or other grounds
for such arrest.
B. BECAUSE as per section 57 CrPC, the petitioners were not taken
before the Magistrate having jurisdiction in this case and were
detained in custody for a period exceeding 24 hours exclusive of the
time necessary for the journey from the place of arrest to the
Magistrate’s Court.

17
C. BECAUSE the petitioners were denied to exercise their right to bail
because of the political influence of the respondents.
D. BECAUSE the police authorities have wrongfully confined the
petitioners and are henceforth liable u/s 342 IPC for wrongful
confinement.
E. BECAUSE the Hon’ble Court has the power in appropriate cases, to
order the police authorities to release the petitioners from the illegal
detention.
F. BECAUSE the Petitioners are relying on the ratio of the judgment of
the Hon‟ble Supreme Court of India in the case of Seethalakshmi vs.
The Commissioner of Police, Chennai and Anr. which is
reproduced below: “the legality of any form of detention may be
challenged at common law by an application for the writ of Habeus
Corpus. Habeus Corpus was a Prerogative writ, that is, one issued by
the King against his officers to compel them to exercise their functions
properly. The practical importance of Habeus Corpus as providing a
speedy judicial remedy for the determination of an applicants claim
for freedom has been asserted frequently by judis and writers.” The
court also relied upon the Supreme Court in the matter of Surinderjit
Singh Mand and Anr. Vs State of Punjab and Anr. (2016 8 SCC
722) which highlighted the importance and significance of personal
liberty specially with preference to unlawful detention.”
G. BECAUSE the investigation so far conducted does not include any
concrete evidence against the petitioners.
H. BECAUSE the Hon’ble Court can order the release from the illegal
detention under Art. 226 of the Constitution, 1950.
I. BECAUSE it is necessary to discover the truth or to meet the ends of
justice or to examine complex issues.

18
J. BECAUSE evidence shows that certain powerful colleagues of the
respondent no. 2 and 3, tried to influence the investigation and get a
favourable forensic report.
K. BECAUSE the petitioners were denied the Post-Mortem and the
Autopsy Report by the investigating authorities.
L. BECAUSE as the case is totally based on circumstantial evidence and
there are no eye witnesses yet in the case.
M. BECAUSE it is necessary to discover the truth or to meet the ends of
justice or to examine complex issues because there has been an
attempt to cause a grave miscarriage of justice.
N. BECAUSE at every stage, there is delay and the process of justice is
not allowed to take its normal course, more so, when deliberate
attempts are made to subvert and delay the process.

12. That the Petitioners have not filed any writ petition in any other court
or any other petition of similar nature in any court of law apart from
the instant writ petition before this Hon’ble Court.
13. That the present petition under Article 226 of the Constitution of India
is the appropriate remedy, and no other equally efficacious remedy is
available to the Petitioner.

19
 PRAYER:

The Petitioners, therefore, pray that this Hon’ble Court may be in the interest
of justice

A) Issue an appropriate Writ, Order or Direction, for the release of the

petitioners by the police authorities from the illegal detention.
B) In the alternative to prayer ‘A’ above, order the investigating
authorities to provide the Post-Mortem and the Autopsy report to the
petitioners.

C) Pass any other and further orders as this Hon’ble Court may deem fit
and proper under the facts and circumstances of this case.

AND FOR THIS ACT OF KINDNESS THE PETITIONERS SHALL

AS IN DUTY BOUND EVER PRAY.

PETITIONERS : Deepak kumar

C-8, Patliputra complex, anisabad Road, Patna, Bihar;

Email: kabirsinghania@gmail.com

20
 IN THE HIGH COURT OF BIHAR AT PATNA

ORIGINAL WRIT JURISDICTION

WRIT PETITION (CRIMINAL) NO. 2413 OF 2017

IN THE MATTER OF:

Deepak kumar PETITIONERS

Vs

State of Bihar and Ors. RESPONDENTS

AFFIDAVIT

I, Kabir Singhaniya , aged about 34years, s/o Sanjay Singhaniya, resident of

C-8 Shubhalaya Pearl, Bhopal, Madhya Pradesh do hereby solemnly affirm
and declare as under:

1. That I am Petitioner No. 1 in the above matter, and am fully acquainted

with the facts of the instant case and fully competent to swear thereto.

2. I have filed the present petition as a writ petition.

3. I have no malafide intention in this present writ petition and moreover the
ulterior motive is bonafide.

21
4. I have done whatsoever inquiry/investigation which was in my power to
do, to collect all data /material which was available and which was relevant
for the court to entertain the present petition. I further confirm that I have not
concealed in the present petition any data/material/information which may
have enabled this court to form an opinion whether to entertain the petition or
not and/or whether to grant any relief or not.

DEPONENT

Verification: Verified at Jabalpur on this twenty third day of March 2018

that the facts stated in paras 1 to 4 hereinabove are true to my personal
knowledge, no part of this Affidavit is false and nothing material is concealed
therefrom.

DEPONENT

IN THE HIGH COURT OF BIHAR AT PATNA

ORIGINAL WRIT JURISDICTION

22
 WRIT PETITION (CRIMINAL) NO. 2413 OF 2017

IN THE MATTER OF:

Deepak kumar PETITIONERS

Vs

State of Bihar and Ors. RESPONDENTS

AFFIDAVIT
I, Deepak kumar , aged about 70years, s/o Arash Kumar, resident of
patliputra complex ,anisbad ,patnaShubhalaya Pearl, Bhopal, Madhya
Pradesh do hereby solemnly affirm and declare as under:

1. That I am Petitioner No. 2 in the above matter, and am fully acquainted

with the facts of the instant case and fully competent to swear thereto.

2. I have filed the present petition as a writ petition.

3. I have no malafide intention in this present writ petition and moreover the
ulterior motive is bonafide.

4. I have done whatsoever inquiry/investigation which was in my power to

do, to collect all data /material which was available and which was relevant
for the court to entertain the present petition. I further confirm that I have not
concealed in the present petition any data/material/information which may
have enabled this court to form an opinion whether to entertain the petition or
not and/or whether to grant any relief or not.

23
 DEPONENT

Verification: Verified at Jabalpur on this twenty third day of March 2018

that the facts stated in paras 1 to 4 hereinabove are true to my personal
knowledge, no part of this Affidavit is false and nothing material is concealed
therefrom.

DEPONENT

IN THE HIGH COURT OF BIAHR AT PATNA

ORIGINAL WRIT JURISDICTION

WRIT PETITION (CRIMINAL) NO. 2314 OF 2017

24
IN THE MATTER OF:

Deeepak kumar. PETITIONERS

Vs

State of Bihar and Ors. RESPONDENTS

AFFIDAVIT
I, Renuka kumari , aged about 65years, d/o Laxman Sharma, resident of C-8
Shubhalaya Pearl, patliputra complex ,anisbad ,patna. That I am Petitioner
No.3 in the above matter, and am fully acquainted with the facts of the instant
case and fully competent to swear thereto.

2. I have filed the present petition as a writ petition.

3. I have no malafide intention in this present writ petition and moreover the
ulterior motive is bonafide.

4. I have done whatsoever inquiry/investigation which was in my power to

do, to collect all data /material which was available and which was relevant
for the court to entertain the present petition. I further confirm that I have not
concealed in the present petition any data/material/information which may
have enabled this court to form an opinion whether to entertain the petition or
not and/or whether to grant any relief or not.

DEPONENT

25
Verification: Verified at Jabalpur on this twenty third day of March 2018
that the facts stated in paras 1 to 4 hereinabove are true to my personal
knowledge, no part of this Affidavit is false and nothing material is concealed
therefrom.

DEPONENT

26