Kanahaiya Pandey v. The State Of Bihar

Patna High Court Cr.Misc. No.12451 of 2016 (3) dt.05-05-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12451 of 2016 Arising Out of PS.Case No. -427 Year- 2013 Thana -LAKHISARAI District- LAKHISARAI ======================================================

1. Kanahaiya Pandey, Son of Bambam Pandey, resident of VillageSabikpur, P.S. + District- Lakhisarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashutosh Ranjan Pandey For the Opposite Party/s : Mr. Dinesh Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 05-05-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Lakhisarai P.S. Case No. 427 of 2013 registered for the offence punishable under Section 304(B)/34 of the Indian Penal Code. Allegedly, Rina Devi the daughter of the informant was married to the petitioner on 28.05.2007 and thereafter, her Bidai was performed on 12.05.2013 and due to non-fulfillment of demand of motorcycle, she was killed by the petitioner and other in-laws and her dead body was also made traceless. The informant got information from the petitioner through mobile and then he came and lodged this case.

Submission is of false implication and that as a matter

Patna High Court Cr.Misc. No.12451 of 2016 (3) dt.05-05-2016 of fact, the marriage was performed on 28.05.2007, nothing was demanded by the petitioner, wife of the petitioner does not want to live in her in-laws house, after long persuasion her Bidai was performed, she committed suicide herself. In presence of the informant her dead body was cremated but the informant lodged this false case resulting the petitioner is suffering in custody since 25.11.2015 and other co-accused have been allowed bail. The learned A.P.P. opposes the prayer of bail by submitting that during investigation the informant and other witnesses have supported the prosecution version. In the facts and circumstances stated above, considering the allegation attributed against the petitioner, I am not inclined to enlarge the petitioner on bail and accordingly, his such prayer stands rejected in connection with Lakhisarai P.S. Case No. 427 of 2013 pending in the Court of learned CJM, Lakhisarai.

However, let the trial be expedited and concluded preferably within nine months after receipt or production of a copy of this order.

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