Amrit Kumar Pandit v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32350 of 2024 Arising Out of PS. Case No.-50 Year-2024 Thana- ARARIA District- Araria ====================================================== Amrit Kumar Pandit Son Of Munilal Pandit Resident Of Village - Sisauna Gaiyari, P.S. And District - Araria ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vijay Kishore Bharti For the Opposite Party/s :
Mr. Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-09-2024
1. Heard learned counsel for the petitioner as well as learned APP for the State.
2. The petitioner seeks bail in a case registered for the offences punishable under Sections 304B and 34 of the Indian Penal Code.
3. The learned counsel for the petitioner submits that the petitioner has been falsely implicated in the instant case by the informant with an allegation that the daughter of the informant was married to the petitioner about eight months back, and after marriage, the accused persons including the petitioner started demanding a motorcycle and a gold chain and on account of non-fulfilment of the demand, the victim was tortured. It is next alleged that on 18.01.2024 at 6 pm, the informant received an information that his daughter has died,
Patna High Court CR. MISC. No.32350 of 2024(3) dt.20-09-2024 2/3 accordingly, he went to the place of occurrence and saw the dead body of his daughter lying on a bed thus, alleges that the accused person including the petitioner killed his daughter.
4. The learned counsel submits that the petitioner has been has been falsely implicated in the instant case. It is also submitted that informant is not an eye-witness to the occurrence and the entire allegation hinges around suspicion. It is next submitted that had the petitioner been involved in the occurrence then effort would have been made to conceal the evidence by disposing of the dead body, but then the body was found lying in the house. It is also submitted that the body was sent for post-mortem and the cause of death has been recorded as asphyxia, as a result of hanging. It is further submitted that the victim was short tempered and on account of dispute with the petitioner, she committed suicide. It is also submitted that later the informant realising his mistake has filed a compromise petition before the learned trial court.
It is next submitted that the petitioner is in custody since 20.01.2024. On query of the Court that, as to whether, charges have been framed or not on which, the learned counsel appearing on behalf of the petitioner fairly submits that charges till date has not been framed.
5. The Court for the present is not inclined to release
Patna High Court CR. MISC. No.32350 of 2024(3) dt.20-09-2024 3/3 the petitioner on bail, however, the petitioner would be at liberty to renew his prayer for bail after framing of charges.
6. The application stands rejected.
(Satyavrat Verma, J) Sudhanshu/- U T