Pankaj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13427 of 2024 Arising Out of PS. Case No.-190 Year-2023 Thana- TEKARI District- Gaya ====================================================== Pankaj Kumar Son of Vijay Yadav Resident of Village- Titaiganj, Dahiyar Tola, Police Station- Tekari, District-Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shailesh Kumar, Advocate For the Opposite Party/s :
Mr. Rana Randhir Singh, APP For the informant ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 12-03-2024
1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for grant of regular bail in connection with Tekari P.S.Case no.190 of 2023 registered under sections 304B and 34 of the Indian Penal Code.
3. As per the prosecution case, the daughter of the informant who was married to the petitioner herein was tortured for non-fulfiment of demand of dowry to the tune of Rs. 5 lakhs and gold chain. She was assaulted, tortured and ultimately done to death. The informant states that he received information about his daughter having fallen from the terrace of the house leading to her death.
4. It is submitted by learned counsel for the
Patna High Court CR. MISC. No.13427 of 2024(2) dt.12-03-2024 2/3 petitioner that the petitioner has been falsely implicated in the case only for the reason he happens to be the husband of the deceased. It is not a case where she was assaulted and after the occurrence the body disposed of. It was an accidental fall from the roof of the house while she had gone to dry the clothes. There are a number of circumstantial evidence which has transpired in course of investigation which would show the innocence of the petitioner. The petitioner is in custody since 21.3.2023, he has no criminal antecedent and chargesheet has been submitted in the case. With reference to paragraph no.10 of the petition it is further submitted that it was in the hospital itself that the relative of the deceased came and saw her being treated upon.
5. The application for bail of the petitioner is opposed by learned A.P.P. for the State and learned counsel for the informant.
6. Learned counsel for the informant submits that the cause of death as has transpired in the postmortem report is injury caused by hard and blunt object which has also been stated by the petitioner in paragraph no.13 of the bail petition.
7. Having heard learned counsel for the parties and taking into consideration the allegations against the petitioner in the F.I.R.,
Patna High Court CR. MISC. No.13427 of 2024(2) dt.12-03-2024 3/3 the petitioner being the husband of the deceased together with cause of death in the postmortem report being antemortem injuries caused by hard and blunt object, 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) Bibhash/- U T