Ram Lal Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32693 of 2017 Arising Out of PS.Case No. -307 Year- 2016 Thana -ARA MUFFSIL District- BHOJPUR ====================================================== Ram Lal Pandit Son of Suresh Pandit, Resident of Village- Barauli, P.O.- Alipur, P.S.- Ara Muffasil, Distt.- Bhojpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Suresh Prasad For the Opposite Party/s : Mr. Md. Sufiyan ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 01-11-2017 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. Petitioner is languishing in judicial custody since 04.01.2017 in connection with Ara, Muffasil P.S. Case No. 307 of 2016 for offences punishable under Sections 304(B), 201, 34 of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that his daughter Arti Kumari was married to the petitioner in the year 2011 and has two daughters aged 4 years and 2 1⁄2 years. He received secret information that his daughter has died and her body has been disposed of by the petitioner and other in-laws. On search of the matrimonial house of his daughter he found that no one was present in the house and the dead body was also not

Patna High Court Cr.Misc. No.32693 of 2017 (6) dt.01-11-2017 2/2 found.

It has been submitted by the learned counsel for the petitioner that he is innocent and has been falsely implicated in the aforesaid case just because he is husband of the deceased. He submits that the deceased was suffering from stomach ailment and died. He submits that charge-sheet has already been submitted and there is no allegation of tampering of the prosecution witnesses by the petitioner.

However, learned counsel for the informant and learned APP for the State oppose the prayer for bail stating therein that no information regarding death of daughter of the informant was given and the body has been disposed of surreptitiously. Considering the facts and circumstances and the materials on record, I am not inclined to grant privilege of bail to the petitioner at this stage in connection with Ara, Muffasil P.S. Case No.307 of 2016, pending in the court of learned Additional Chief Judicial Magistrate, Ara.

The application is, accordingly, rejected.

(Nilu Agrawal, J) Devendra/- U T