Pradeep Kumar Pandit v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25484 of 2025 Arising Out of PS. Case No.-106 Year-2023 Thana- IMADPUR District- Bhojpur ====================================================== Pradeep Kumar Pandit, S/o- Dinesh Pandit, R/o Village- Moap Khurd, P.S.- Imadpur, Dist- Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ravi Raj, Adv.
For the Opposite Party/s :
Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 05-05-2025 Heard Mr. Ravi Raj, learned counsel for the petitioner and Mr. Manoj Kumar, learned APP for the State.
2. Petitioner seeks regular bail in connection with Imadpur P.S. Case No. 106 of 2023 dated 20.10.2023 registered for the offences punishable under sections 328 and 304B of the Indian Penal Code (in short 'IPC').
3. The main submissions advanced by petitioner's counsel are that the instant matter relates to poisoning of the deceased, who happened to be the wife of this petitioner and the FIR has been registered under sections 328 and 304B of IPC but the alleged offence under section 304B of IPC is not attracted in this matter as admittedly, the marriage of the deceased took place 11 years ago from the date of her death and the deceased herself consumed poison and later, she died. It is further
Patna High Court CR. MISC. No.25484 of 2025(2) dt.05-05-2025 2/2 submitted that the factum of consuming poison by the deceased came into the knowledge of the informant on 18.10.2023 but he lodged the FIR on 20.10.2023 and on the body of the deceased, no any external injury was found and the inquest report suspects that the death of the deceased was due to poisoning. It is lastly submitted that the petitioner has been languishing in jail since 21.10.2023 and his trial has started and the same is at initial stage and there is no chance of its conclusion in near future.
4. Learned APP for the State has opposed the prayer of the petitioner.
5. Considering the facts and circumstances of this case as well as aforesaid submissions and mainly the custody period of the petitioner and also the stage of his trial, in my opinion, it is a fit case to grant the relief of bail to the petitioner. Accordingly, let the petitioner named-above be released on bail on furnishing bail bond of Rs.20,000/-(Twenty Thousand) with two sureties of the like amount each to the satisfaction of the court concerned in connection with Imadpur P.S. Case No. 106 of 2023.
(Shailendra Singh, J) annu/- U T