Pancham Pandey v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11036 of 2019 Arising Out of PS. Case No.-183 Year-2018 Thana- CHAND District- Kaimur (Bhabua) ====================================================== PANCHAM PANDEY Son of Late Ambika Pandey R/o village- Chhotka Amaon Bandha, P.S- Chand, District- Kaimur ( Bhabhua) ... ... Petitioner/s

Versus

1.

The State of Bihar and Anr Bihar 2.

Prema Devi Wife of Pancham Pandey R/o village- Chhotka Amaon , Bandha , P.S- Chand, District- Kaimur ( Bhabhua) ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jai Vardhan Narayan For the Opposite Party/s :

Mr.Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 26-04-2019 This application, for grant of anticipatory bail, arises out of Chand P.S. Case No. 183/2018, disclosing offences under Sections 341, 323, 325, 498(A), 504 and 506 read with Section 34 of the Indian Penal Code.

Petitioner happens to be husband of the informant and allegation against him is of subjecting the informant to torture and cruelty and also assaulting her and when her brother and nephew came for compromise, they were also assaulted by the petitioner and others.

Submission of learned counsel for the petitioner is that so far the allegation levelled by the complainant that petitioner has illicit relationship with his bhabhi (sister in law)

Patna High Court CR. MISC. No.11036 of 2019(3) dt.26-04-2019 2/2 and due to which, he torture the complainant is concerned, the same is false and concocted and in fact no occurrence, as alleged by the informant has ever taken place. Learned counsel for the State and learned counsel for the informant opposed the prayer for bail and submitted that the petitioner has assaulted the informant causing head injury to her and petitioner and others also assaulted the nephew and brother of the informant, when they came for compromise. Having heard both sides, considering the facts and circumstances as well as the nature of accusation, I am not inclined to grant the privilege of anticipatory bail to the petitioner rather petitioner should surrender before the court below and make prayer for regular bail and if any such application is filed, the court below will dispose of the same on the merit of the case, without being prejudiced by this order. This application is, accordingly, dismissed (Vinod Kumar Sinha, J) sunilkumar/- U T