Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16878 of 2024 Arising Out of PS. Case No.-303 Year-2023 Thana- KHIJARSARAI District- Gaya ====================================================== Pankaj Kumar S/o Chaudhary Das @ Chaudhary Ravi Das @ Chowdhary Das R/o vill - Sadhu Nagar, P.S. - Khizersarai, Distt. - Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Y.C. Verma, Sr. Adv Mr. Ramakant Akela, Adv For the Opposite Party/s :

Mr. Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-08-2024 Heard learned senior counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner seeks bail in connection with a case registered for the offence punishable u/s 304B, 34 of the IPC. 3.

As per the prosecution case, the petitioner is said to have committed the murder of informant's daughter on the pretext of non-fulfillment of demand for dowry.

4.

It is submitted by learned senior counsel for petitioner that petitioner is quite innocent and has not committed any offence as alleged in the FIR. He has been falsely implicated in this case as he happens to be the husband of deceased. There is general and omnibus allegation against petitioner. There is no

Patna High Court CR. MISC. No.16878 of 2024(5) dt.14-08-2024 2/3 allegation against petitioner to tamper the evidence. He submitted that this is a case of suicide and not of a murder because as per para-33 and 34 of the case diary, police went to house of the petitioner and found that the door of the room of deceased was locked from inside. The policemen broke the wall near the door of her room and found that the deceased was hanging from a fan. He further submitted that charges have already been framed against the petitioner. The petitioner has no criminal antecedent and has been rotting in judicial custody since 04.08.2023.

5.

Learned APP for the State opposed the prayer for bail. 6.

Considering the facts and circumstances of this case and the period of custody, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/the Successor Court, in connection with Khizersarai P.S. Case No.303 of 2023, subject to the following condition:

(i) The petitioner shall remain physically present in the court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reasons, his

Patna High Court CR. MISC. No.16878 of 2024(5) dt.14-08-2024 3/3 bail bonds shall be liable to be cancelled by the learned court concerned.

(Anjani Kumar Sharan, J) shikha/- U T