Brahmanand Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20206 of 2021 Arising Out of PS. Case No.-94 Year-2020 Thana- KARTAHA District- Vaishali ====================================================== BRAHMANAND PANDEY Son of Parmanand Pandey Resident of Village - Ghataro, P.S.- Kartaha, District - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Thakur Mr.Shashank Shekhar For the Opposite Party/s :

Mr.Jai Narayan Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-07-2021 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

Heard both parties.

The petitioner seeks bail in Kartaha P.S. Case No. 94 of 2020, registered for the offence punishable under Sections 302, 201, 120B and 34 of the Indian Penal Code. As per the FIR, Informant Raushan Kumar solemnized inter caste marriage with Kiran Kumari due to inter caste marriage family members of informant's wife were not happy. After few days of marriage wife was taken away by her family members at her Naihar. After two days i.e. on 16.12.2020 informant received information that his wife is being

Patna High Court CR. MISC. No.20206 of 2021(2) dt.09-07-2021 2/3 pressurized to remarry another boy of her own caste and she is missing from her Naihar since 2-3 days and he further raised suspicion that either his wife has been remarried or has been killed.

It is submitted on behalf of the petitioner that petitioner is uncle of the girl and is living separately and he has got no concern with the family affairs of his brother or his niece. Petitioner has been made accused in this case simply because he is uncle of the informant's wife. There is no specific allegation against this petitioner. Petitioner is in custody since 20.12.2020 having clean antecedent.

Considering the facts and circumstances of the case, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate XV, Vaishali at Hajipur in connection with Kartaha P.S. Case No. 94 of 2020, subject to following conditions:- (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates

Patna High Court CR. MISC. No.20206 of 2021(2) dt.09-07-2021 3/3 without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T