Ritesh Pandey And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41083 of 2015 Arising Out of PS.Case No. -12 Year- 2015 Thana -JALALPUR District- SARAN ======================================================

1. Ritesh Pandey, son of Triguna Pandey,

2. Triguna Pandey son of Late Yammuna Pandey,

3. Champa Devi wife of Triguna Pandey, All are resident of villageBisanpura, P.S.- Jalalpur, District- Saran at Chapra. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Satyendra Kumar Singh For the Opposite Party/s : Mr. Shyam Kumar Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 09-10-2015 Petitioner No. 1 being husband of the victim and petitioner Nos. 2 and 3 being parents of petitioner No. 1 are apprehending their arrest in a case registered for the offences punishable under Sections 304B of the Indian Penal Code.

The prosecution case is of killing the sister of the informant after two years of marriage for non-fulfilment of dowry demand by administering poison.

It is submitted by learned counsel for the petitioners that victim died due to illness. The postmortem reflects no external injury and the cause of death has not been ascertained by the doctor, hence viscera has been preserved. Moreover petitioner No. 3 is cardiac patient. Considering the thrust of accusation against

Patna High Court Cr.Misc. No.41083 of 2015 (2) dt.09-10-2015 2/2 petitioner No. 1, Ritesh Pandey, this Court is not inclined to grant privilege of anticipatory bail to petitioner No. 1 namely Ritesh Pandey.

Accordingly the application with regard to petitioner No. 1 Ritesh Pandey stands rejected. So far as petitioner Nos. 2 and 3 are concerned, since petitioner Nos. 2 and 3 being parents and postmortem report does not reflect any external injury, let the petitioner Nos. 2 and 3, above named, in the event of their arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran at Chapra in connection with Jalalpur P.S. Case No. 12 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) Shageer/- U T