Pankaj Kumar Pandit @ Pankaj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34968 of 2025 Arising Out of PS. Case No.-257 Year-2023 Thana- DIGHWARA District- Saran ====================================================== Pankaj Kumar Pandit @ Pankaj Kumar Son of Ram Prasad Pandit Resident of village - Basatpur, P.S.- Dighwara, District - Saran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Khushi Awadh, Advocate For the Opposite Party/s :
Mr. Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 03-09-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Dighwara P.S. Case No. 257 of 2023 registered for the offences punishable under Sections 304B and 34 of the Indian Penal Code.
3. As per the prosecution story, the informant has alleged that he had married his daughter to Pankaj Kumar. After the marriage, Pankaj Kumar, along with his family members, started demanding additional dowry and, in connection with the same, frequently subjected the informant's daughter to physical assault. On 03.08.2023, the informant received information from an unknown person that his daughter had been killed by her in-laws and they were trying to dispose of her dead body.
Patna High Court CR. MISC. No.34968 of 2025(3) dt.03-09-2025 2/3
4. Learned counsel for the petitioner submits that no incident occurred in the manner alleged in the F.I.R. Rather, the actual fact is that the deceased had gone to cut grass and unfortunately died on the spot due to a train accident. It is further submitted that there is no specific allegation of dowry demand against the petitioner, who is a daily wage labourer and owns only 1.5 Kathas of homestead land. The allegations of dowry demand are vague, general, and omnibus in nature. The petitioner has been languishing in custody since 20.11.2024 having no criminal antecedents.
5. Learned A.P.P. appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.
6. From perusal of the F.I.R., it appears that there is allegation against the petitioner that he, along with other family members, were trying to dispose of the dead body of the deceased. There is general and omnibus allegation of demand of dowry . However, the case diary presents a different version of events, indicating that the death of the deceased occurred due to suicide by coming under the train. In paragraph 3, 4 and 5 of the case diary, witnesses have supported this version. Post mortem report also suggests that the death was caused due to train accident. Upon completion of the investigation, charge sheet has been submitted against the petitioner.
Patna High Court CR. MISC. No.34968 of 2025(3) dt.03-09-2025 3/3
6. Keeping in view the aforesaid facts and considering the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-II, Saran at Chapra in connection with Dighwara P.S. Case No. 257 of 2023 subject to the condition that one of the bailor shall be his family member.
(S. B. Pd. Singh, J) Ankit Kumar/- U T