Dharmendra Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41897 of 2017 Arising Out of PS.Case No. -20 Year- 2017 Thana -SIKARHATA District- BHOJPUR ====================================================== Dharmendra Pandey, son of Late Bharat Pandey, Resident of VillageSikraul, P.S.- Sikrahatta, District- Bhojpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ravindra Kumar For the Opposite Party/s : Mr. Sri Mithilesh Kumar Khare ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 03-11-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in connection with Sikarhatta P.S. Case No. 20 of 2017 for offences punishable under Sections 304-B and 201/34 of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that his daughter Vandana Kumari was married to the petitioner in the year 2013 and due to non-fulfillment of demand of dowry, she has been killed by her husband and in-laws and dead body was also disposed of.

It has been submitted by the learned counsel for the

Patna High Court Cr.Misc. No.41897 of 2017 (3) dt.03-11-2017 2/3 petitioner that he is innocent and both the deceased and the petitioner were leading a happy married life and one child was born out of the wed-lock and during pregnancy, she died of stomach problem. He submits that there are two versions, some of the witnesses have supported the prosecution case and some of the independent witnesses have stated that she committed suicide by hanging herself. He submits that the petitioner has surrendered himself on 15.05.2017 before the learned court below and that charge-sheet had already been submitted and there is no allegation of tampering of the prosecution witnesses by the petitioner.

However, learned APP for the State opposes the prayer for bail stating therein that although some of the independent witnesses have stated that the deceased died by hanging herself but her dead body was disposed of surreptitiously. Considering the facts and circumstances and materials on record, 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 S.D.J.M. Bhojpur, Ara, in connection with Sikarhatta P.S. Case No.

Patna High Court Cr.Misc. No.41897 of 2017 (3) dt.03-11-2017 3/3 within the jurisdiction of the concerned police station, who will file an affidavit stating his relationship with the petitioner and that petitioner will appear before the learned court below during trial as and when required and failure to appear on two consecutive dates without assigning any reason will entail cancellation of his bail bonds.

(Nilu Agrawal, J) sushma/- U T