Patna High CourtCR. MISC./6903/2021partly allowed disposal

Shambhu Pandit v. The State Of Bihar

2021-06-22Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6903 of 2021 Arising Out of PS. Case No.-131 Year-2020 Thana- KARJA District- Muzaffarpur ====================================================== 1.

SHAMBHU PANDIT Son of Jiyalal Pandit @ Jiyala Pandit Resident of Village-Salahpur, P.S.-Karja, District-Muzaffarpur. 2.

Jiyalal Pandit @ Jiyala Pandit Son of Late Jaddu Pandit Resident of VillageSalahpur, P.S.-Karja, District-Muzaffarpur. ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Ratneshwar Prasad, Advocate For the Opposite Party/s :

Mr. A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 22-06-2021 Heard the parties in virtual Court proceeding. The petitioners are languishing in custody for the offences punishable under Sections 302, 201/34 of the I.P.C. Allegation is that the petitioners strangulated to death to the daughter of the informant.

Petitioner no. 1 is husband of the deceased and petitioner no. 2 is father-in-law of the deceased aged about 70 years. There is no explanation from petitioner no. 1 as to under what circumstances his wife died and the doctor has found a case of asphyxial death due to ante mortem strangulation. Hence, I am not inclined to enlarge the petitioner no. 1, namely, Shambhu Pandit on bail. Accordingly, his prayer for bail is

Patna High Court CR. MISC. No.6903 of 2021(3) dt.22-06-2021 2/2 refused.

The learned trial court is directed to expedite the trial. Considering the age of petitioner no. 2 and general and omnibus nature of allegation, let petitioner no. 2, namely, Jiyalal Pandit @ Jiyala Pandit, be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Courtbelow where the case is pending in connection with Karja P.S. Case No. 131 of 2020, with following conditions: (a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (c) The petitioner shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) shahzad/- U T