Patna High CourtCR. MISC./28905/2016rejected

Chandan Pandey v. The State Of Bihar

2016-11-09Mr. Justice Kishore K. Mandal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28905 of 2016 Arising Out of PS.Case No. -51 Year- 2016 Thana -DHANSOI District- BUXAR ======================================================

1. Chandan Pandey S/o Ravindra Pandey Resident of Village Gogahi, P.s.- Dhansoi, District- Buxar.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ravi Kumar For the Opposite Party/s : Mr. Sri Jitendra Kumar Roy 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 09-11-2016 Heard the Counsel for the petitioner, the APP for the State and the Counsel for the informant.

Petitioner, being husband of the victim/deceased, is facing prosecution under Sections 304B, 201 and 341 of the Indian Penal Code vide Dhansoi P.S. Case No. 51 of 2016. The father of the victim lodged the case that his daughter was married to the petitioner in the year 2011 whereafter her in-laws including the petitioner started demanding dowry and she was subjected to torture. She was ultimately done to death in mysterious/unnatural circumstances. She was poisoned to death. Contention of the petitioner is that the younger sister of the deceased has subsequently been married to the petitioner. There is much delay in lodging the case. In the cremation of the deceased, the younger brother of the victim had also participated.

Patna High Court Cr.Misc. No.28905 of 2016 (4) dt.09-11-2016 2/2 Learned counsel for the informant, on the other hand, disputed the contention of the petitioner that the younger sister of the victim has been married with the petitioner. He submits that the petitioner is the husband of the victim and the death occurred within 07 years of marriage. There is presumption of law against him.

Considering the allegation and the other materials reflected from the record, I am not inclined to enlarge the petitioner on anticipatory bail. Prayer is rejected. (Kishore Kumar Mandal, J) Pankaj/- U T