Ritesh Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28106 of 2020 Arising Out of PS. Case No.-12 Year-2015 Thana- JALALPUR District- Saran ====================================================== RITESH PANDEY, S/o Triguna Pandey, Resident of Village - Bisanpura, P.S.- Jalalpur, District-Saran at Chapra.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satyendra Kumar Singh, Advocate.

For the Opposite Party/s :

Mrs. Pushpa Sinha, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 08-02-2021 Heard the parties.

The petitioner is languishing in custody for the offence punishable under Section 304(B) of the Indian Penal Code.

Petitioner is husband of the victim of dowry death. Wife of the petitioner died within two years of her marriage in her matrimonial house. There is allegation of demand of dowry and torture for non-fulfillment of the same.

Learned counsel for the petitioner submits that the younger sister of the deceased was married in the same family and she has stated before the police that the petitioner used to assault the victim and for that reason she might have committed suicide.

Considering the fact that own sister of the deceased

Patna High Court CR. MISC. No.28106 of 2020(4) dt.08-02-2021 2/2 has not stated anything about demand of dowry and torture for non-fulfillment of dowry demand as well as considering the fact that there is no allegation of demand of dowry from the younger sister who was married after marriage of the victim in the same family, let the petitioner, above named, who is in custody since 02.12.2019, be released on bail on furnishing bail bond of Rs.20000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Jalalpur P.S. Case No. 12 of 2015, with following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(c) The petitioner shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) mantreshwar/- U T