Suryanand Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4033 of 2022 Arising Out of PS. Case No.-94 Year-2020 Thana- KARTAHA District- Vaishali ====================================================== Suryanand Pandey Son of Shivanand Pandey Resident of Village - Ghataro, P.s.- Kartahan, Distt.- Vaishali ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms.Vaishnavi Singh For the Opposite Party/s :

Mr.Ram Sumiran Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 14-07-2022 Heard both parties.

The petitioner apprehends his arrest in Kartaha P.S. Case No. 94 of 2020, registered for the offences punishable under Sections 302, 201, 120B, 34 of the Indian Penal Code. As per the FIR, Informant Raushan Kumar solemnized inter caste marriage with Kiran Kumari due to inter caste marriage family members of informant's wife were not happy. After few days of marriage wife was taken away by her family members at her Naihar. After two days i.e. on 16.12.2020 informant received information that his wife is being pressurized to remarry another boy of her own caste and she is missing from her Naihar since 2-3 days and he further raised suspicion that either his wife has been remarried or has been killed.

Patna High Court CR. MISC. No.4033 of 2022(3) dt.14-07-2022 2/3 It is submitted on behalf of the petitioner that petitioner is brother of the deceased Kiran Kumari. As per the FIR, alleged incident took place prior to 05.09.2020 and the written report was lodged on 19.12.2020 without any explanation. Even as per the FIR informant is not eye-witness to the occurrence. As a matter of fact, the so-called marriage was continued for long due to bad behaviour of the informant and both separated much earlier and the deceased (Kiran Kumari) started residing at her house. It is further alleged that in the months of December she suffered cold attack and started loose motion and vomiting. Thereafter, she was admitted in Sarvmangal Clinic at Lalganj and the doctor referred her to PMCH for better treatment, but on the way to hospital she died.

None of the witnesses during course of investigation has been examined and without there being any substance or evidence simply because petitioner is brother of the deceased he cannot be held guilty. Petitioner has got clean antecedent. Considering the facts aforesaid, the petitioner abovenamed, in the event of his arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.4033 of 2022(3) dt.14-07-2022 3/3 thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate XV, Vaishali at Hajipur in connection with Kartaha P.S. Case No. 94 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) vinita/- U T