Rajiv Kumar Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22209 of 2019 Arising Out of PS. Case No.-41 Year-2018 Thana- ANGARGHAT District- Samastipur ====================================================== RAJIV KUMAR PANDEY Son of Satya Narayan Pandey, Resident of Village- Chaita Uttari, P.S.- Angarghat, District- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajit Kumar For the Opposite Party/s :

Mr.Mohammed Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 11-06-2019 Heard learned counsel for the petitioner and learned APP for the State, assisted by learned counsel for the informant. Petitioner seeks bail in a case registered for the offences punishable under Sections 302, 120B/34 of the Indian Penal Code.

The wife of this petitioner died after eighteen years of her marriage in unnatural circumstances. Allegation is of demand of dowry and torture for the same.

Submission is that there is no eyewitness of the occurrence and no presumption of dowry death is there against the petitioner, as death was caused after more than seven years of marriage. The children of the deceased in their statement under Section 164 of the Code of Criminal Procedure have stated that the deceased died by sustaining injury by fire while

Patna High Court CR. MISC. No.22209 of 2019(4) dt.11-06-2019 2/2 cooking.

Learned counsel for the informant opposed the prayer for bail.

Considering the facts of this case aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Angarghat Police Station Case No.41 of 2018, subject to condition that both the bailors shall be resident of within the territorial jurisdiction of the learned court below and the petitioner shall fully co-operate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) abhishek/- U T