Shankar Pandit And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49488 of 2015 Arising Out of PS.Case No. -8 Year- 2015 Thana -BALIA District- BEGUSARAI ======================================================

1. Shankar Pandit, Son of Doman Pandit

2. Prabhu Pandit Son of Shankar Pandit Both Resident of Village - Tulshi Khet, P.S.- Ballia, District - Begusarai .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Uday Prasad Singh For the Opposite Party/s : Mr. Sahin Begum(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 03-02-2016 Heard the learned counsel for the petitioners as well as the learned A.P.P. for the State.

The petitioners seek bail in a case for the offences punishable under sections 304B, 201 and 341 of the I.P.C. Allegedly, Bibha Kumari, the daughter of the informant was married to Shambhu Pandit on 15.5.2008 and due to non-fulfillment of additional demand of dowry by way of Rs.2 lacs she was being tortured and assaulted by the husband and other in-laws including the petitioners and ultimately, she was killed and her dead body was also made traceless.

Submission is of false implication and that the petitioners are old father-in-law and Dewar of the deceased, they are living separately since long having no concern with the

Patna High Court Cr.Misc. No.49488 of 2015 (2) dt.03-02-2016 2/2 family affair of the deceased and her husband, in this case, coaccused Doman Pandit and Jitni Devi, wife of petitioner no.1 have already been granted pre-arrest bail vide Cr. Misc. No.47316 of 2015 by another Co-ordinate Bench of this Court and as such the petitioners also deserve sympathetic consideration as against them, there is no specific allegation.

The learned A.P.P. fairly submits that the petitioners are father-in-law and Dewar.

In the facts and circumstances stated above, the petitioners above named are directed to be released on bail on execution of bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of C.J.M., Begusarai in connection with Ballia P.S. case No.08 of 2015, subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioners shall remain present on each and every date during trial and the default on two consecutive dates on their part without any reason shall disentitle the petitioners from privilege of bail. (Jitendra Mohan Sharma, J) N.H./- U T