Sonu Kumar Pandit v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7535 of 2022 Arising Out of PS. Case No.-238 Year-2021 Thana- PARBATTA District- Khagaria ====================================================== Sonu Kumar Pandit Son Of Sudhir Pandit R/O Village- Sumeri Tola, P.S.- Parbatta (Bharatkhand), District- Khagaria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Viveka Nandsingh, Advocate For the Opposite Party/s :
Mr. Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 06-07-2022 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.
Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks bail in a case registered for the offences punishable under Sections 304(B)/34 of the Indian Penal Code.
The prosecution case, in brief, is that the informant's sister Pusha Kumari was married with Sumit Kumar Pandit @ Dharo Pandit two years ago. After solemnization of marriage accused persons including the petitioner started torturing her for demand of dowry. On objection raised by his sister, accused persons used to assault her. His mother-in-law (Saas), father-in-
Patna High Court CR. MISC. No.7535 of 2022(2) dt.06-07-2022 2/3 law (Sasur), husband and Dewar were demanding 02 bhar gold chain, diwan bed and Rs. 2,00,000/- On 12.06.2021 informant came to know that accused petitioners killed his sister Pusha Kumari for non-fulfillment of demand of dowry. When informant and his family members went to sasural of his his, they saw his sister was lying dead and accused persons were absconded. Learned counsel for the petitioner submits that the petitioner has clean antecedents and he has been falsely implicated in the present case. In fact, the petitioner is brotherin-law of the deceased and the petitioner has no concern at all from the family affairs of the deceased. He further submits that co-accused namely Sudhir Pandit has been granted bail vide order dated 30.03.2022 passed in Cr. Misc. No.
64176 of 2021 and another co-accused Indu Devi has been granted bail vide order dated 12.04.2022 passed in Cr. Misc. No. 65837 of 2021 by a Coordinate Bench of this Court and the police after investigation submitted chargesheet against the petitioner and the petitioner is in custody since 16.06.2021. Learned APP for the State has opposed the prayer for bail of the petitioner.
Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned
Patna High Court CR. MISC. No.7535 of 2022(2) dt.06-07-2022 3/3 Court below where the case is pending in connection with Sessions Trial No. 226 of 2021 arising out of Parbatta P.S. Case No. 238 of 2021, with the following conditions :-
(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.
(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Ibrar//- U T