Budhisagar Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6161 of 2016 Arising Out of PS.Case No. -199 Year- 2015 Thana -KATEYA District- GOPALGANJ ====================================================== Budhisagar Pandey, S/o Ramendra Pandey, R/O Village- Bhagwanpur, P.O.- Bhagipatti, P.S- Kateya, District- Gopalganj. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Sanjay Kumar Pandey, Advocate.

For the Opposite Party : Mr. Nand Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 07-04-2016 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Kateya P.S. Case No. 199 of 2015 registered for the offences punishable under Sections 304-B, 201 and 120B of the Indian Penal Code. Mamta the daughter of the informant was married to Sanjeet Pandey the elder brother of the petitioner on 01.05.2015 and allegedly due to non-fulfillment of the demand of dowry she was being tortured by her husband and other in-laws and ultimately she was killed and her dead body was also being burnt but after arrival of the informant and police personnel the fire was dozed and the dead body was sent for post-mortem examination. Submission is of false implication and that the

Patna High Court Cr.Misc. No.6161 of 2016 (3) dt.07-04-2016 2/3 petitioner is Dewar, at the time of occurrence he was not present rather he has gone to college, Ramendra Pandey and Dhanpati Devi father and mother of the petitioner have already been allowed pre-arrest bail, the petitioner has got no concern with the family affair of the deceased and her husband and as such the petitioner deserves sympathetic consideration as he is suffering in custody since 04.12.2015, having no criminal antecedent. The learned APP submits that though the petitioner is Dewar but the dead body was being burnt hurriedly.

In the facts and circumstances stated above, considering that father and mother of the petitioner have already been allowed pre-arrest bail by another coordinate Bench of this Court and as such considering the detention of the petitioner now the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gopalganj in connection with Kateya P.S. Case No.

Patna High Court Cr.Misc. No.6161 of 2016 (3) dt.07-04-2016 3/3 without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J.) KKSINHA/- U T