Pankaj Singh @ Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37454 of 2020 Arising Out of PS. Case No.-334 Year-2016 Thana- MAHUA District- Vaishali ====================================================== Pankaj Singh @ Pankaj Kumar aged about 25 years Son Of Birendra Singh Resident Of Village Chhitrauli Ps-Mahua District Vaishali ... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Rama Kant Sharma, Senior Advocate and Mr. Lakshmi Kant Sharma, Advocate For the Opposite Party/s :

Mr. PK Pandey, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-03-2021 Heard learned counsel for the petitioner and the State. The petitioner seeks regular bail in Mahua Police Station Case No. 334 of 2016 registered for the offences punishable under sections 304B/201/34 of the Indian Penal Code.

As per the prosecution case, informant's daughter was married to the petitioner in 2014 and soon thereafter petitioner and his family members started subjecting her to cruelty and harassment for dowry. Finally on 13.10.2017 he got information that the accused persons killed the victim and disposed of the dead body in hurry to destroy the evidence.

Learned counsel for the petitioner submits that the petitioner is the husband of the deceased and he has been

Patna High Court CR. MISC. No.37454 of 2020(3) dt.16-03-2021 2/2 implicated in this case on suspicion and there is no overt act against him. It is also submitted that informant has also filed a petition before the Chief Judicial Magistrate (Annexure 3) to the effect that he lodged the case under some misconception and now has compromised the matter. Petitioner is in custody since 15.6.2020.

Learned counsel for the State opposes the prayer for bail and submits that there is specific allegation that the petitioner used to demand dowry and committed torture on her and in league with his family members killed his wife in a planned conspiracy.

In view of the specific allegation against the petitioner as well as the fact that the informant's daughter died within seven years of marriage under unnatural circumstance at her matrimonial house and the petitioner is the husband of the deceased, his prayer for bail is refused.

(Prabhat Kumar Singh, J) Shashi U T