Binod Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2318 of 2015 Arising Out of PS.Case No. -138 Year- 2014 Thana -EKMA District- SARAN ====================================================== Binod Pandey Son of Vishwakarma Pandey Resident of Village - Bheuli, P.S- Ekma, District - Saran.

.... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 17-03-2015 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in a case for the offence punishable under Sections 302 and 498-A of the Indian Penal Code.

The allegation against the petitioner is to have tortured the deceased and to have caused death of the deceased by hanging her.

It is submitted by the learned counsel for the petitioner that both were leading conjugal life happily. A daughter, aged about 5 years, was born out their wedlock and a baby was in the womb. There is no cause as to why the petitioner would kill her. There is no evidence to show that the petitioner has killed her. Only suspicion has been raised against the petitioner. The post mortem report shows that there was blackening mark around the neck of the deceased. The petitioner has no criminal antecedent and after investigation chargesheet has already been submitted against the petitioner.

Patna High Court Cr.Misc. No.2318 of 2015 (4) dt.17-03-2015 2/2 Learned counsel for the State submits that the post mortem report also shows that the cause of death is by hanging.

Considering the facts and circumstances of this case, the above-named petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. Chief Judicial Magistrate, Saran at Chapra/court concerned in Ekma P. S. Case no. 138 of 2014 after framing of charge with the following conditions :

1. One of the bailors will be the close relative of the petitioner.

2. The petitioner will not indulge in similar or in any other offence.

3.

The petitioner will be well represented in the court.

4. In case of absence for two consecutive dates or in violation of the terms of the bail, his bail bond will be liable to be cancelled by the court concerned. (Amaresh Kumar Lal, J) sudip/- U T