Pintu Pandey @ Rohit Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29291 of 2024 Arising Out of PS. Case No.-7 Year-2023 Thana- PALIGANJ District- Patna ====================================================== Pintu Pandey @ Rohit Pandey (M), aged about 26 years, Son of Sri Deo Narayan Pandey, Resident of Village- Edilpur, P.S.- Paliganj, District-Patna ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Udit Narayan Singh, Advocate For the Opposite Party :

Mr. Chandra Sen Prasad Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 18-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Paliganj P.S. Case No. 07 of 2023 dated 05.01.2023 registered for the offences punishable under Sections 304B and 201/34 of the I.P.C.

3. As per the prosecution case, the petitioner and the co-accused are alleged to have killed the informant's daughter due to non-fulfilment of cash, vehicle etc., as dowry.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is submitted that the petitioner neither tortured nor demanded any dowry from the informant's daughter. There was

Patna High Court CR. MISC. No.29291 of 2024(4) dt.18-07-2024 2/3 good relation between the husband and wife and from their wedlock, a baby was born. It is further submitted that the informant's daughter left the petitioner's house and fled away somewhere else and in this regard an information was also given to the informant. During the course of investigation, no witness has come forward to support the prosecution case and till date police has not collected any evidence or material to substantive the allegation made against the petitioner. It is further submitted that the matter has been compromised between the parties and a compromise petition has also been filed before the court of learned S.D.J.M., Danapur on 29.02.2024.

Learned counsel for the petitioner has filed a supplementary affidavit stating therein that after investigtion, charge sheet has been submitted under Section 364/34 of the I.P.C. against the petitioner and has further submitted that the informant in his deposition in the trial court has stated that his daughter has fled away from her matrimonilal house and in this regard he has filed an application before the S.D.J.M., Danapur on 29.02.2024, annexed as Annexures-5 and 6 to the supplementary affidavit filed on behalf of the petitioner. The other co-accused have been granted anticipatory bail by another Co-ordinate Bench of this Court vide Cr. Misc. No. 76787 of 2023 under order dated 05.02.2024.

Patna High Court CR. MISC. No.29291 of 2024(4) dt.18-07-2024 3/3 The petitioner has clean antecedent as stated in paragraph no. 3 of the bail petition. He is in custody in this case since 02.02.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner and has further submitted that the petitioner is the husband of the victim and she is still traceless.

6. Considering the aforesaid facts and circumstances as well as the seriousness of the allegation, this Court is not inclined to grant bail to the petitioner and the same is rejected in connection with Paliganj P.S. Case No. 07 of 2023, pending in the court of learned S.D.J.M., Danapur.

7. The application stands rejected.

8. The court below is directed to conclude the trial of the petitioner at the earliest.

(Chandra Prakash Singh, J) U.K./- U T