Pawan Shankar @ Pawan Shankar Kumar @ Munna Singh @ Munna v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.50723 of 2015 Arising Out of PS.Case No. -93 Year- 2014 Thana -SILAO District- NALANDA (BIHARSHARIFF) ======================================================
1. Pawan Shankar @ Pawan Shankar Kumar @ Munna Singh @ Munna Son of Ram Ratan Prasad Singh @ Ram Ratan Singh, Resident of Village - Bhadari, P.s. - Silao, District - Nalanda.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Anil Kumar Singh For the Opposite Party/s : Mr. Pronati Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 18-02-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.
The petitioner seeks bail in a case for the offences punishable under sections 498 (A), 304 (B) and 34 of the I.P.C Chunmun Kumari, the younger sister of the informant, was married to the petitioner six years ago and allegedly due to non fulfillment of demand of dowry by way of Rs. 2,00,000/- she was being tortured and assaulted by the petitioner and other inlaws and ultimately she was burnt to death having injury on her forehead.
Submission is of false implication and that from Annexure-2 which is the Photostat copy of the voter identity card
Patna High Court Cr.Misc. No.50723 of 2015 (3) dt.18-02-2016 2/3 of the year 2005 it reveals that the marriage has taken place before 2005 as the voter identity card was issued in the name of Chunchun Devi, wife of the petitioner and as such no offence under section 304 (B) of the I.P.C. is made out, further the wife of the petitioner was suffering from the disease and she was being treated by the doctor which is evident from Annexure-3 and coaccused Vimla Devi and Pratima Kumari have been allowed prearrest bail and further co-accused Ram Ratan Prasad Singh @ Ram Ratan Singh has been allowed regular bail by different Benches of this Court and the petitioner is suffering in custody since 10.06.
2015, during investigation it has come that wife of the petitioner either committed suicide or received accidental burn injury as the room was found closed from the inside which is evident from the statement of Ram Niwas Singh, vide paragraph11 of the case diary, and as such the petitioner deserves sympathetic consideration as the charge sheet has already been submitted and there is no chance of tampering with the prosecution evidence.
The learned A.P.P. opposes prayer for bail by submitting that the petitioner is the husband and during postmortem examination injury has been found on her forehead. In the facts and circumstances as stated above,
Patna High Court Cr.Misc. No.50723 of 2015 (3) dt.18-02-2016 3/3 considering that charge sheet has already been submitted and there is no chance of tampering with the prosecution evidence, the petitioner is directed to 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 Sessions Judge, Nalanda at Biharsharif in S. Tr. No. 365 of 2015 arising out of Silao P.S. Case No. 93 of 2014, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.
(Jitendra Mohan Sharma, J) Abhay/- U T