Raj Kumar Pandit v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.39281 of 2015 Arising Out of PS.Case No. -211 Year- 2014 Thana -BELHAR District- BANKA ====================================================== Raj Kumar Pandit, S/o Sushil Pandit, Resident of village- Nimiya, Police Station- Belhar, District- Banka.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ajay Mukherjee For the Opposite Party/s : Mr. Atul Chandra(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-12-2015 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted under Sections 304B/34 of the Indian Penal Code.
Allegation against the petitioner is to have killed daughter of the informant due to non-fulfilment of demand of dowry.
It has been submitted on behalf of the petitioner that he has got no criminal antecedent. He is in custody since 8.5.2015. Chargesheet has been submitted in the present case. There is no allegation of tampering of evidence against the petitioner. From perusal of para-7 of the case diary it is evident that the deceased had committed suicide. From perusal of the post mortem report it is evident that there is no external injury on the body of the deceased. The deceased was upset in respect to petty reason. Viscera report is said to have been received in a sealed cover, same is opened.
On behalf of the State, it is submitted that petitioner is
Patna High Court Cr.Misc. No.39281 of 2015 (4) dt.17-12-2015 2 / 2 named in the F.I.R. and husband of the deceased. The Superintendent of police had recommended for submission of chargesheet under Section 306 of the Indian Penal Code. Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner, same is rejected at this stage.
Let viscera report be returned to the office of the Director, Forensic Science Laboratory, Patna. (Sudhir Singh, J) sudip/- U T