Vashist Pandit @ Vashisth Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21969 of 2025 Arising Out of PS. Case No.-362 Year-2023 Thana- BRAHMPUR District- Buxar ====================================================== Vashist Pandit @ Vashisth Kumar S/o Late Bhagwan Pandit Resident of Village- Nimej, P.S.- Brahampur, District- Buxar. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arvind Kumar Pradhan, Advocate For the State :
Mr. Surendra Kumar, APP For the Informant :
Mr. Anand Kumar Ojha-1, Advocate Ms. Pratibha Kumari Mishra, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 20-08-2025 Heard learned counsel for the petitioner and learned APP for the State.
02. In the present case, the petitioner seeks bail in connection with Brahampur P.S. Case No. 362 of 2023 registered for the alleged offences under Sections 304(B)/34 of the Indian Penal Code.
03. As per prosecution case, the daughter of the informant died in her matrimonial home within three months of her marriage. The petitioner is the father-in-law of the deceased and the allegation against the petitioner and other co-accused persons was of demanding a number of articles in dowry and torturing the daughter of the informant due to non fulfillment of their demand.
2/4
04. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. During relevant time, the petitioner had been working as a defense personnel and on coming to know about death of his daughter-in-law, he applied for leave and 15 days leave was granted to him with effect from 19.06.2023 to 03.07.2023. The petitioner came and attended the last rights of his daughter-inlaw and thereafter, returned and again joined his duty. The son of the petitioner informed the I.O. about the petitioner not being present in his house during the time of occurrence, but the same was not considered by the I.O. who has not recorded this fact in case diary.
Learned counsel further submits that true fact of the case is that the daughter of the informant was short tempered lady and she always used to boast about her rich paternal home and always used to talk with her family member on mobile phone. Due to this fact, quarrel used to take place between the husband and wife and after one such quarrel, the daughter of the informant committed suicide. Learned counsel further submits that the husband and mother-in-law of the deceased are in custody and the regular bail application of mother-in-law of the deceased has been rejected twice by a Co-ordinate Bench vide orders dated 16.10.2023 passed in Criminal Misc. No.
3/4 2023 and 05.07.2024 passed in Criminal Misc. No. 27101 of 2024. However, another co-accused, Sangita Devi, has been granted bail vide order dated 11.09.2024 passed in Criminal Misc. No. 63742 of 2024 by the Co-ordinate Bench. Learned counsel further submits that the story of demand of dowry is completely false and it is not believable that in such a short span of time, a newly wedded bride would be killed by her in-laws. The postmortem report shows cause of death was Asphyxia following ante-mortem hanging. Learned counsel further submits that the petitioner is in custody since 05.07.2024 and charge-sheet has been submitted. The petitioner is having clean antecedent.
05. Learned APP for the State as well as learned counsel for the informant vehemently oppose the submission made on behalf of the informant. Learned counsel for the informant submits that there is direct allegation against the petitioner and other co-accused persons that they had been demanding dowry and torturing the daughter of the informant and ultimately, they killed her on non-fulfillment of their demand.
06. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the
4/4 fact that the petitioner is the father-in-law and further considering the period of custody of the petitioner along with submission of charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar/court concerned in connection with Brahampur P.S. Case No. 362 of 2023, subject to the conditions mentioned in Section 480(3) of BNSS and the following conditions:
(i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below.
(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.
(Arun Kumar Jha, J) Ashish/- U T