Vijay Kumar Pandey @ Vijay Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33035 of 2020 Arising Out of PS. Case No.-318 Year-2019 Thana- RUPASPUR District- Patna ====================================================== 1.

Vijay Kumar Pandey @ Vijay Pandey, S/O Tanik Pandey Resident Of Village-Basti, P.S.-Harnaut, District-Nalanda. 2.

Parveen Kumar Pandey @ Pravin Kumar Pandey, S/O Vijay Kumar Pandey @ Vijay Pandey Resident Of Village-Basti, P.S.-Harnaut, District-Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishna Prasad Singh- Sr. Advocate For the Informant :

Mr. Brij Bihari Tiwary- Advocate For the State :

Ms. Sangeeta Sharma- A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 06-07-2021 Heard Mr. Krishna Prasad Singh, the learned Senior Advocate for the petitioners, Mr. Brij Bihari Tiwary, the learned Advocate for the informant and Ms. Sangeeta Sharma, learned APP for the State.

The petitioners seek bail in anticipation of their arrest in connection with Rupaspur P. S. Case No.318 of 2019, instituted for the offences under Sections 304(B)/ 34 of the Indian Penal Code.

The petitioners are the father-in-law and brotherin-law of the deceased respectively. The learned Senior Advocate for the petitioners

Patna High Court CR. MISC. No.33035 of 2020(5) dt.06-07-2021 2/3 has submitted that this case has been filed because of their relationship with the husband of the deceased. The accusation is absolutely vague. The deceased has actually committed suicide but on the wrong advise, the present case has been lodged.

As opposed to the aforesaid contentions, the learned counsel for the informant has submitted that there is a clear allegation in the F.I.R. of the petitioners having demanded dowry and participated in the torture of the deceased.

The husband of the deceased is in custody.

The petitioners, after the marriage of the deceased with her husband, had maintained no relationship with either the deceased or her husband.

Regard being had to the facts that the husband of the deceased is in custody, the petitioners, above-named, in the event of their arrest or surrender before the learned Court below within a period of eight weeks, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.33035 of 2020(5) dt.06-07-2021 3/3 learned Additional Chief Judicial Magistrate-II, Danapur, Patna in connection with Rupaspur P. S. Case No.318 of 2019, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Ashutosh Kumar, J) vikash/- U T