Gobardhan Pandey v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42256 of 2017 Arising Out of PS.Case No. -827 Year- 2015 Thana -JEHANABAD COMPLAINT CASE DistrictJEHANABAD ====================================================== Gobardhan Pandey Son Of Late Nathuni Pandey, resident of VillageChhariyari, P.S.- Makhdumpur, District- Jehanabad. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Bachaspati Pandey, Son of Late Kamla Pandey, resident of VillageSaraiya, P.S.- Dariyapur, District- Chhapra. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shivendra Prasad For the Opposite Party/s : Mr. Smt. Gulnar Begam ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 21-09-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in connection with Complaint Case No. 827 of 2015 for offences punishable under Sections 304(B)/34 of the Indian Penal Code.

The complaint as lodged by the father of the deceased victim lady Sushma Devi is that she was married to the son of the petitioner Brajesh Kumar in the year 2013 and for non-fulfillment

Patna High Court Cr.Misc. No.42256 of 2017 (3) dt.21-09-2017 2/3 of demand of motorcycle and gold chain she has been killed. It has been submitted by the learned counsel for the petitioner that he is innocent, he is father in law of the deceased and the allegations are general and omnibus and not specific. He submits that all other in laws who have been made accused except the husband have been granted the privilege of pre arrest bail by a coordinate Bench of this Court and that he is languishing in judicial custody since 07.07.2017. It has further been submitted that the deceased was suffering from heart ailment and died due to heart failure.

However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jehanabad in connection with Complaint Case No. 827 of 2015, subject to the condition that one of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner and that petitioner will appear

Patna High Court Cr.Misc. No.42256 of 2017 (3) dt.21-09-2017 3/3 before the learned court below during trial as and when required and failure to appear on two consecutive dates without assigning any reason will entail cancellation of his bail bonds. (Nilu Agrawal, J) Devendra/- U T