Chhote Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13654 of 2016 Arising Out of PS.Case No. -39 Year- 2012 Thana -SARMERA District- NALANDA (BIHARSHARIFF) ====================================================== Chhote Pandit Son of Late Faudi Pandit, Resident of village- Bari Ghariyari, P.S.- Sarmera, District- Nalanda .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Satya Prakash For the Opposite Party/s : Mr. Arun Kr.Pandey(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 12-04-2016 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner is accused in connection with S.T. No. 495 of 2015 arising out of Sarmera P.S. Case No.39 of 2012 registered under Sections 304(B) of the I.P.C. The accusation is of killing of sister of the informant by administering poison for non-fulfillment of demand of dowry by her husband.

Learned counsel appearing on behalf of the petitioner submits that admittedly the petitioner is husband of the deceased Gita Devi, sister of the informant, and marriage in between the petitioner and deceased was solemnized 6 years ago and due to their wedlock, there is one issue aged about 4 years. In

Patna High Court Cr.Misc. No.13654 of 2016 (2) dt.12-04-2016 2/2 fact, deceased due to quarrel in family consumed herself poison and died, thereafter, the complainant/informant, brother of the deceased was informed and after postmortem, the dead body was disposed of and regarding the same U.D. Case no. 01 of 2012 was lodged on the basis of information of the complainant/informant on 18.01.2012 but due to ulterior motive, the complainant/informant, who is brother of the deceased, wife of the petitioner lodged the complaint case, which is the basis of the case.

Having considered the facts and circumstances of the case, let the above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Addl. District and Sessions Judge, Nalanda in connection with S.T. No. 495 of 2015 arising out of Sarmera P.S. Case No.39 of 2012. Out of two sureties, one surety must be parents or close relatives of the petitioner/.

(Rajendra Kumar Mishra, J) Shail/- U T