Sanjay Pandit v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26741 of 2019 Arising Out of PS. Case No.-180 Year-2018 Thana- KALUAHI District- Madhubani ====================================================== Sanjay Pandit Son of Bihari Pandit Resident of Village- Kalikapur, P.S.- Kaluahi, District- Madhubani.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Gagan Deo Yadav, Advocate For the Opposite Party/s :
Mr.Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 20-08-2019 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner who is in custody since 20.11.2018 has filed the instant application for grant of bail in connection with Kaluahi P.S. Case as No. 180 of 2018 registered for the offence punishable under sections 302, 304B and 34 of the Indian Penal Code.
As per the allegation in the FIR lodged by the father of the deceased, he married his daughter to the petitioner 7 years back. His daughter had two issues. As per the informant the petitioner was regularly making demand of dowry and was torturing his daughter. On 19.11.2018 he received information that she had been burnt. On the informant reaching the hospital, the daughter of the informant is said to have told him that the accused persons including the petitioner burnt her at 8 P.M. on
Patna High Court CR. MISC. No.26741 of 2019(5) dt. 20-08-2019 2/3 18.11.2018. She died on 19.11.2018 at 9 A.M., on way to the hospital at Darbhanga.
It was submitted on behalf of the petitioner that the allegations as made in the FIR are false and concocted. There has been no complaint in the past against him. It was further submitted that the independent witnesses namely, Basudeo Yadav, Jitan Yadav and Hari Chandra Yadav who are covillagers as also neighbours have in their statement under Section 161 Cr.P.C stated that the petitioner with his wife was living separately from other members of the family. About three days back, she had made an attempt to hang herself but was saved. The witnesses further stated that both the petitioner and his wife had worked in the field for whole day and had returned at 4 P.M. They heard that while cooking their meal she had got burnt on which the co-villagers as also her father had taken her for treatment to Primary Health Center, Jaynagar.
Thereafter, she was referred to Darbhanga for better treatment but on way to D.M.C.H, Darbhanga, in an ambulance, she died. Her father got the ambulance along with the body of the deceased to the police station where the FIR was lodged. It was further submitted that the petitioner is in custody since 20.11.
Patna High Court CR. MISC. No.26741 of 2019(5) dt. 20-08-2019 3/3 submitted in the case under sections 302,304B and 34 of the Indian Penal Code.
The application for bail has been opposed by learned APP for the State submitting that the petitioner is the husband of the deceased and there is direct allegation against him in the FIR. Having heard learned counsel for the parties and taking into consideration that there is direct allegation against the petitioner in the FIR, the Court is not inclined to grant bail to the petitioner and as such his application for bail is rejected. However, taking into consideration the statements of the witnesses recorded in course of investigation and which have been referred to above in his submission by the learned counsel for the petitioner, the petitioner, if so advised, may renew his prayer for bail on completing one year in custody. (Partha Sarthy, J) Prakash/- U