Patna High CourtCR. MISC./35720/2021bail rejected

Pawan Panjiyara v. The State Of Bihar

2021-09-14Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35720 of 2021 Arising Out of PS. Case No.-459 Year-2018 Thana- BANKA District- Banka ====================================================== PAWAN PANJIYARA aged about 38 years Son of Niranjan Panjiyara Resident of village - Jhirwa, P.S.- Banka, District - Banka. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Najmul Hodda, Advocate For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 14-09-2021 Heard learned counsel for the petitioner and the State. The petitioner seeks regular bail in Banka Police Station Case No. 459 of 2018 registered for the offences punishable under sections 328, 302/34 of the Indian Penal Code. As per the prosecution case, informant's daughter was married to the petitioner. However, after seven years she was subjected to cruelty by the petitioner and his family members due to sterility. In the meantime, on 30.6.2018 informant got information that accused persons administered her poison. Succeeding day the victim died during course of treatment. Learned counsel for the petitioner submits that in fact daughter of the informant herself consumed poison. Police after investigation has submitted charge sheet for the offence u/s 306 IPC. Besides, there is general and omnibus allegation of torture

Patna High Court CR. MISC. No.35720 of 2021(2) dt.14-09-2021 2/2 against all the accused persons and no specific overt has been alleged against the petitioner. Petitioner is in custody since 15.12.2020.

Learned counsel for the State opposes the prayer for bail and submits that there is specific allegation that the petitioner and his family members committed torture on the informant's daughter and in league with each other they killed her in a planned conspiracy.

In view of the specific allegation against the petitioner as well as the fact that the informant's daughter died under unnatural circumstance and the petitioner is the husband of the deceased, his prayer for bail is refused. (Prabhat Kumar Singh, J) shashi/- U T