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Patna High CourtCR. MISC./33563/2014dismissed

Amod Pandit @ Amod Kumar v. The State Of Bihar

2015-01-27Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33563 of 2014 Arising Out of PS.Case No. -273 Year- 2013 Thana -VAISHALI District- VAISHALI(HAJIPUR) ======================================================

1. Amod Pandit @ Amod Kumar Son of Shiv Shankar Pandit Resident of Village - Gopalpur, P.S. - Vaishali, District- Vaishali. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Nilesh Kumar For the Opposite Party : Mr. Kalyan Shankar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 27-01-2015 The petitioner being husband of the victim is languishing in custody since 29.04.2014 in a case registered for the offences punishable under Sections 304B/34 of the I.P.C.

It is alleged that daughter of the informant was killed within few months of the marriage since petitioner had illicit relationship with sister-in-law and there was demand of dowry.

It is submitted by learned counsel for the petitioner that postmortem and the investigation suggest that the victim committed suicide which is corroborated by the inquest report as contained in para 4 of the case diary. The bona-fide of the petitioner gets apparent from the fact that police was informed which gets reflected from para 3 of the case diary and para 5 of the case diary suggests that informant

Patna High Court Cr.Misc. No.33563 of 2014 (3) dt.27-01-2015 2/2 initially was not inclined to lodge the F.I.R or give statements as the inquest was prepared in his presence but subsequently at 6:30 P.M in the evening, after few hours of the preparation of the inquest report the fardbeyan of the informant was recorded. Considering the fact that victim died within few months of the marriage, this Court is not inclined to grant bail to the petitioner.

Accordingly the application is dismissed in connection with Vaishali P.S. Case No. 273 of 2013, pending in the Court of learned Chief Judicial Magistrate, Vaishali at Hajipur.

Let the trial be expedited.

(Dinesh Kumar Singh, J) Shageer/- U T