Sakindar Pal @ Satendra Kumar Pal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20111 of 2020 Arising Out of PS. Case No.-431 Year-2019 Thana- AKBARPUR District- Nawada ====================================================== Sakindar Pal @ Satendra Kumar Pal Son of Gore Lall Bhagat Resident of Village- Rahimpur, P.S.- Akbarpur, District- Nawada. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjeev Ranjan, Advocate For the Opposite Party/s :
Mr. Satyendra Narayan Singh APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 05-07-2022 Let the defects, if any, be removed within four weeks from today.
Heard Mr. Sanjeev Ranjan, learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State.
The petitioner seeks bail in connection with Akbarpur P.S.Case No. 431 of 2019 registered for the offences punishable under Sections 304B/34 of the Indian Penal Code. As per prosecution case, it is alleged that the marriage of the informant's daughter was solemnized with the petitioner in the year 2015. After some time informant's daughter was tortured for demand of dowry and in this regard a Panchayati was held and assaurance was given by the petitioner and his family that the same would not be repeated. On
2/4 04.10.2019, the informant came to know that the dead body of his daughter was lying on the railway track. It is further alleged that the informant came to know that petitioner along with his family members killed his daughter.
It is submitted by the learned counsel for the petitioner that during the course of investigation, it has come that just a day before the occurrence, the deceased had left her matrimonial home for which petitioner had lodged a Sanha in the morning of 04.10.2019 with regard to missing of his wife. It is also submitted that on the place of occurrence, it has been found that body of the deceased was lying in two parts over the railway track and there was blood marks over the track. During the course of investigation none of the witnesses has supported the allegation of any demand of dowry rather it has come that deceased was issueless due to which some altercation took place in the family and she committed suicide. Learned counsel for the petitioner drawn attention of this court towards post mortem report, which also shows that deceased committed suicide in rage by putting herself on the railway track. It is lastly submitted that after submission of charge sheet, cognizance has been taken and charges have also been framed on 17.12.2021 no witness has been examined till date.
3/4 On the other hand, learned APP for the State vehemently opposes the bail application of the petitioner and submits that deceased was subjected to torture for demand of dowry therefore, the deceased committed suicide. Having considered the submissions made on behalf of the parties and taking into consideration the fact that petitioner is in custody since 05.10.2019 and charge have already been framed on 17.12.2021 but no witness has been examined, apart from the fact, that just before the occurrence the petitioner had lodged a Sanha with regard to missing of his wife on 04.10.2019 itself and moreover, post mortem report suggest a case of suicide, let the petitioner above named, be released on bail, on furnishing bail bonds of Rs. 20,000/- ( Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawada in connection with Akbarpur P.S.Case No. 431of 2019 subject to the following conditions:- (i) One of the bailors should be the close relative of the petitioner.
(ii) The petitioner will cooperate in the investigation as well as in conclusion of the trial.
(iii) He will not try to tamper with the evidence or
4/4 intimidate the witnesses in course of investigation or during the course of trial.
(iv) In the event of default of two consecutive dates without any cogent reasons, his bail bonds will liable to be cancelled.
(Harish Kumar, J.) N.K/- U T