Pankaj Kumar Singh @ Prince Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.8725 of 2016 (3) dt.20-04-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8725 of 2016 Arising Out of PS.Case No. -95 Year- 2015 Thana -MAJHAHGARH District- GOPALGANJ ======================================================

1. Pankaj Kumar Singh @ Prince Kumar son of Umesh Singh Resident of Village- Bhatwalia, Police Station- Manjhagarh, District Gopalganj. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Lokesh Kumar Singh For the Opposite Party/s : Mr. Ram Chandra Sahani(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 20-04-2016 Heard learned counsel for the petitioner and learned APP for the Sate.

The petitioner seeks bail in connection with Majhagarh P.S. Case No. 95 of 2015 registered for the offence punishable under Sections 304B/34 of the Indian Penal Code.

Putul Kumari, the daughter of the informant, was married to the petitioner on 27.04.2015 and allegedly, due to non-fulfillment of demand of dowry by way of ornaments, cash, generator and cooler she was being tortured by the petitioner and others and ultimately she was killed and there was black mark on her neck.

Submission is of false implication and that the petitioner was having cordial relation with his wife, nothing was ever demanded, as a matter of fact due to trivial dispute the wife of the petitioner committed suicide by hanging herself and this fact has been supported by the witnesses namely, Chandrakesh Singh and Nagendra Singh in

Patna High Court Cr.Misc. No.8725 of 2016 (3) dt.20-04-2016 paragraph 20 and 21 of the case diary and the doctor has also found the cause of death to be asphyxia due to hanging. Learned APP duly assisted by learned counsel for the informant opposes the prayer of bail by submitting that the petitioner is the husband and other witnesses have supported the prosecution version.

In the facts and circumstances stated above, considering that chargesheet has already been submitted and there is no chance of tampering with the prosecution evidence, 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 Sri Vivek Kumar Singh, J. M. Ist Class, Gopalganj in connection with Manjhagarh P.S. Case No. 95 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T