Kamlesh Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51768 of 2021 Arising Out of PS. Case No.-64 Year-2021 Thana- SIKRAUL District- Buxar ====================================================== KAMLESH PANDEY, S/O BINDHYACHAL PANDEY R/o villageBasmanpur, P.S.- Sikraul, Distt.- Buxar ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar For the Opposite Party/s :

Mr.Surendra Prasad Singh, APP For the informant :

Mr. Anil Kr. Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 08-02-2022 Heard learned counsel for the petitioner, learned counsel for the State as well as learned counsel for the informant, through Video Conferencing.

The petitioner seeks bail in connection with Sikraul P.S. Case No. 64 of 2021, G.R. No. 1432 of 2021, instituted for the offences under Section 304(B)/34 of the Indian Penal Code. The learned counsel for the petitioner submits that the petitioner is in custody since 27.06.2021 and has antecedent of two cases, as mentioned in para 3 of the bail application for which the learned counsel for the petitioner submits that the petitioner has been acquitted in both the cases and presently has no criminal antecedent, further charge-sheet has been submitted. The learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.51768 of 2021(2) dt.08-02-2022 2/3 informant alleges that his daughter Pinki Kumari (deceased) was married with Radha Krishna Pandey @ Sonu Pandey on 02.05.2021 and at the time of marriage, gift worth Rs. 5 lakhs along with motorcycle and other articles were given. It is further alleged that after marriage, the family members of the husband of the deceased started demanding dowry of Rs. 2 lakhs. It is further alleged that the informant have conveyed his inabilities to fulfill the demand of Rs. 2 lakhs as he had seven more daughters to marry, accordingly, it is alleged that on 13.06.2021, Radha Krishan Pandey informed the informant that the deceased had committed suicide.

The learned counsel for the petitioner submits that petitioner is not related directly to the family of the husband of the deceased rather is agnate (Gotia) and belongs to the other branch of the family of the deceased's husband and is separate in mess and property.

The learned counsel for the informant as well as learned A.P.P. opposes the bail application and submits that the deceased was killed in connivance with all the accused persons including the petitioner.

Considering the fact that the petitioner is in custody since 27.06.2021, chargesheet has been submitted and is agnate

Patna High Court CR. MISC. No.51768 of 2021(2) dt.08-02-2022 3/3 of the husband of the deceased and is separate in mess and property, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrte, Buxar, in connection with Sikraul P.S. Case No. 64 of 2021, G.R. No. 1432 of 2021.

The application stands allowed.

(Satyavrat Verma, J) sanjeev/- U T