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Patna High CourtCR. MISC./20520/2017rejected

Manish Pandey v. The State Of Bihar

2017-06-28Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20520 of 2017 Arising Out of PS.Case No. -54 Year- 2016 Thana -KAARAMCHAT SAHAYAK DistrictBHABHUA (KAIMUR) ====================================================== Manish Pandey Son of Vijay Pandey Resident of Village- Majhiyaon, P.S. Karamchat, District- Kaimur (Bhabua).

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Ajay Nandan Sahay, Advocate.

For the Opposite Party : Ms. Pronati Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 28-06-2017 Heard both sides.

The petitioner seeks bail in Karamchat P.S. Case No. 54 of 2016 registered for the offences punishable under Sections 304(B), 201 and 34 of the Indian Penal Code.

The informant, uncle of the deceased, alleged that his niece Rima was married to the petitioner in the year 2014. The petitioner and his family members started subjecting her to physical and mental torture. The informant and the brother of the deceased made all attempts and persuaded the petitioner and his family members to keep her properly but all went in vain. On 21.10.2016 the informant got information about illness of his niece when he along with his brother went they found that the accused persons killed Rima and hurriedly cremated her dead body.

Patna High Court Cr.Misc. No.20520 of 2017 (4) dt.28-06-2017 2/2 Learned counsel for the petitioner submits that the petitioner is, of course, the husband of the deceased but no specific allegation of assault is made against the petitioner. The deceased during her lifetime has not ever complained about any ill treatment at the hands of the petitioner and that is why she never lodged any case but, it appears from the case diary that there is specific allegation that the petitioner was also torturing his wife and within 21⁄2 years of her marriage the petitioner and others killed Rima and hurriedly cremated her dead body without informing to the parents of the deceased.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner above named on bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J.) KKSINHA/- U T