Patna High CourtCR. MISC./4492/2018bail granted

Srikant Pandey v. The State Of Bihar

2018-01-30Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4492 of 2018 Arising Out of PS.Case No. -44 Year- 2017 Thana -CHENARI District- SASARAM (ROHTAS) ======================================================

1. Srikant Pandey S/o Late Bihari Pandey, R/o Village- Chenari Dih, P.S.- Chenari, District- Rohtas (Sasram).

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajesh Kumar Mishra, Advocate For the Opposite Party/s : Mr. Chaubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 30-01-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is in custody in connection with Chenari P.S. Case No.44 of 2017, a case under Sections 304B/201 of the Indian Penal Code.

The petitioner is husband of victim Bibha Kumari. The case was registered under Section 304B of the Indian Penal Code.

Submission of the learned counsel for the petitioner is that marriage was solemnized on 10.02.2009 much prior to seven years of death, as such, presumption of dowry death is not there and there is no direct evidence that petitioner was involved in commission of the murder of his wife. The truth is

Patna High Court Cr.Misc. No.4492 of 2018 (2) dt.30-01-2018 P2/ that the victim died due to illness and the dead body was cremated in presence of the family members.

Considering the aforesaid fact, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with the aforesaid case, with condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) Mkr./- U T