Manoj Pandey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.10656 of 2015 Arising Out of PS.Case No. -20 Year- 2013 Thana -SHEIKHOPUR SARAI District- SHIEKHPURA ====================================================== Manoj Pandey Son of Prakash Pandey Resident of village- Panchi, P.S.- Sheikhopur Sarai, District- Sheikhpura .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Pankaj Kumar, Adv. For the Opposite Party/s : Mr. M. Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 24-06-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks bail in a case registered for the offence punishable under Sections 498 (A), 302, 201/34 of IPC and 3⁄4 of Dowry Prohibition Act.
Allegation against the petitioner and others is to have assaulted the victim for non-fulfilment of demand of dowry and she has also been killed by them and her dead body has been disposed of.
It is submitted that the petitioner is the husband of the victim. Alleged victim used to move away from his house for which the petitioner has also filed Complaint Case No. 365-C of 2011 against the victim, her father and brother in which
Patna High Court Cr.Misc. No.10656 of 2015 (4) dt.24-06-2015 2/3 cognizance has been taken on 13.3.2012 for the offence punishable under Sections 341, 323, 504 and 379 IPC. The present case is the counter blast of the aforesaid complaint case. However, after investigation the police has submitted charge-sheet against the petitioner and others for the offence punishable under Sections 498-A and 364/34 of IPC. The petitioner has no criminal antecedent and he has been in custody since 10.11.2014. Learned counsel for other side submits that it was the duty of the petitioner to protect and take care of his wife, who is still traceless.
Considering the facts and circumstances, the above named petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of learned A.C. J. M., Sheikhpura/court concerned in Sheikhopur Sarai P. S. Case No. 20 of 2013 after framing of charge with following conditions:-
1. The petitioner will not indulge himself in similar or any other offence.
2. One of the bailors must be the close relative of the petitioner.
3. The petitioner will be well represented in the Court on each and every date and in case of absence for two consecutive
Patna High Court Cr.Misc. No.10656 of 2015 (4) dt.24-06-2015 3/3 dates or in case of violation of terms of bail, his bail bond would be liable to be cancelled by the learned Court concerned.
(Amaresh Kumar Lal, J) Kanchan/- U T