Rahul Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26771 of 2017 Arising Out of PS.Case No. -13 Year- 2017 Thana -CHANDAUTI District- GAYA ======================================================

1. Rahul Pandey Son of Dinesh Pandey, Resident of Mohalla- Bandhu Bigha, Police Station- Chandauti, District- Gaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ranjay Kumar Singh For the Opposite Party/s : Mr. Surendra Prasad Singh ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 07-07-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in connection with Chandauti P.S. Case No. 13/17 for offences punishable under Sections 498-A, 304-B of the Indian Penal Code. The prosecution case, as lodged by the informant, is that his sister Divya Kumari was married to the petitioner in the year 2011. Due to demand of dowry, the petitioner, who is the husband, along with all his family members has killed the informant's sister.

It has been submitted by the learned counsel for the petitioner that he is innocent, no overt act has been committed

Patna High Court Cr.Misc. No.26771 of 2017 (2) dt.07-07-2017 2/2 by him and the allegations are general and omnibus. He submits that some of the family members of the petitioner have already been granted the privilege of anticipatory bail by a Coordinate Bench of this Court and the wife of the petitioner did not want to live in her matrimonial home and has committed suicide, although, he lived with his wife and gave full dignity and honour to her. It is submitted that the charge-sheet has already been submitted, hence, there is no chance of tampering with the prosecution evidence. However, learned APP for the State opposes the prayer for bail.

Be that as it may, let petitioner, above named, 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 learned Chief Judicial Magistrate, Gaya in connection with Chandauti P.S. Case No. 13/2017, subject to the condition that the petitioner will appear before the learned court below on each and every date during trial and failure to appear on two consecutive dates without assigning any reason will entail cancellation of his bail bonds.

(Nilu Agrawal, J) Rajesh/- U T