Umesh Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9842 of 2022 Arising Out of PS. Case No.-104 Year-2020 Thana- KANGLI District- West Champaran ====================================================== UMESH PANDEY S/o Radha Krishna Pandey R/o village- Sugaha Bhawanipur, P.S.- Kangli, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar, Advocate For the Opposite Party/s :

Mr. Rajendra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 19-12-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 302 and 34 of the Indian Penal Code.

As per the prosecution case, the accused persons including the petitioner herein who was married to the sister of the informant are said to have killed her.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. There was no demand of dowry and, as such, the F.I.R. was also registered under section 302/34 of the Indian Penal Code. The prosecution case is not supported from the material that has transpired in course of investigation. The petitioner is in custody since 11.12.2020 and undertakes to cooperate in the trial. He has

Patna High Court CR. MISC. No.9842 of 2022(3) dt.19-12-2022 2/2 no criminal antecedent. It is lastly submitted that as per the oral instructions received, only the doctor remains to be examined in course of trial.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the nature of allegations, the petitioner being the husband of the deceased, the cause of death as stated in the post-mortem report together with the progress in the trial in the learned trial court, the Court is not inclined to enlarge the petitioner on bail and the application is rejected. Learned trial court is directed to expedite the trial. (Partha Sarthy, J) Saurabh/- U T