Patna High CourtCR. MISC./23101/2019bail granted

Pankaj Kumar v. The State Of Bihar

2019-05-07Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23101 of 2019 Arising Out of PS. Case No.-493 Year-2018 Thana- BARAUNI District- Begusarai ====================================================== PANKAJ KUMAR Son of Shiv Balak Poddar Resident of Village- Harpur, P.S.- Barauni Refinary, District- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Singh For the Opposite Party/s :

Mr.Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-05-2019 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant. The petitioner seeks bail in a case instituted for the offences under Sections 304B/34 of the Indian Penal Code. Allegation against the petitioner is of committing torture and thereafter caused death of the victim due to nonfulfilment of demand of dowry. It has been submitted on behalf of the petitioner that the petitioner is in custody since 26.10.2018 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner has falsely been implicated in the present case. There is no substantive evidence to suggest his implication in the present case. As per statement

Patna High Court CR. MISC. No.23101 of 2019(3) dt.07-05-2019 2/2 made by the witnesses in paragraphs 42, 43, 44 and 51 of the Case diary, it is evident that the deceased is said to have committed suicide. Hence, no offence under Section 304B IPC is made out. At best, it is a case for an offence under Section 306 IPC.

On behalf of the State and informant, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, 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, Begusarai in connection with Barauni Refinery P.S. Case No. 493 of 2018.

(Sudhir Singh, J) Pankaj/- U T