Patna High CourtCR. MISC./46908/2023rejected

Anil Pandit v. The State Of Bihar

2023-08-30Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46908 of 2023 Arising Out of PS. Case No.-363 Year-2022 Thana- MINAPUR District- Muzaffarpur ====================================================== ANIL PANDIT S/O RAGHUNATH PANDIT @ RAMNATH PANDIT R/O VILLAGE- KHEMAIPATTI, PS. MINAPUR, DIST. MUZAFFARPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sagar Kumar, Adv.

For the Opposite Party/s :

Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 30-08-2023

1. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. Petitioner, who is in custody since 13.07.2022 seeks bail, in connection with Minapur P.S. Case No.363/2022, dated 12.07.2022, for the offences punishable under Sections 304B, 201 and 34 of the Indian Penal Code.

3. According to prosecution case, the petitioner along with other co-accused persons are alleged to have committed murder of the deceased due to non-fulfillment of the demand of dowry and disposed of the dead body to conceal the evidence of murder.

4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has falsely been implicated in the present case only on the ground that the petitioner is husband of the deceased. He further submits that from perusal of the F.I.R. it appears that there is no specific allegation of any assault or overt act

Patna High Court CR. MISC. No.46908 of 2023(3) dt.30-08-2023 2/2 attributed against the petitioner. As per allegation in the F.I.R. that the petitioner has disposed the dead body of the deceased without informing the family members of the deceased or the police.

5. Learned Additional Public Prosecutor for the State on the other hand has vehemently opposed the prayer for bail of the petitioner and submits that it has come during investigation that the petitioner and other family members after murder have disposed the dead body of the deceased and they have not informed the family members of the deceased and it has also come in paragraphs no.2, 7 and 8 of the case diary that the petitioner has demanded dowry from the family members of the deceased.

6. Considering the aforesaid facts, I am not inclined to enlarge the petitioner on bail in connection with Minapur P.S. Case No.363/2022, pending in the court of learned C.J.M., Muzaffarpur.

7. Prayer is refused.

(Rajesh Kumar Verma, J) amit/- U T