Patna High CourtCR. MISC./49543/2015bail granted

Pankaj Kumar Bharti @ Pankaj Kumar Bhartia @ Pankaj Kumar v. The State Of Bihar

2016-02-08Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49543 of 2015 Arising Out of PS.Case No. -384 Year- 2015 Thana -HILSA District- NALANDA (BIHARSHARIFF) ======================================================

1. Pankaj Kumar Bharti @ Pankaj Kumar Bhartia @ Pankaj Kumar Son of Surendra Prasad Singh @ Surendra Pd. Singh Resident of Village - Milkipar, Police Station - Hilsa, District - Nalanda .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Kumar Singh For the Opposite Party/s : Mr. Ram Chandra Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-02-2016 Heard learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in connection with Hilsa P.S.Case no. 384 of 2015 instituted under Sections 304(B), 201,34 of the Indian Penal Code.

The allegation against the petitioner is of killing his wife for non fulfilment of demand of dowry.

It is submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. The petitioner has falsely been implicated in the present case. Though the petitioner is the husband of the deceased but in paras 31 and 32 of the case diary the independent witnesses have not supported the prosecution case. In para 38 of the case diary, the son of the

Patna High Court Cr.Misc. No.49543 of 2015 (3) dt.08-02-2016 2/2 deceased has been examined, he has not supported the prosecution case. From perusal of Annexure 2 it is evident that the marriage has taken place 14 years prior to the alleged occurrence. On behalf of the State, it is submitted that the petitioner is named in the FIR.

Considering the aforesaid facts, let the above named petitioner, in the event of his arrest or surrender in the court below within a period of six weeks from today, be released 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 A.C.J.M.,Hilsa, Nalanda in connection with Hilsa P.S.Case No. 384 of 2015, subject to the conditions as laid down u/s 438(2) Cr.P.C.

(Sudhir Singh, J) singh/- U T