Sanjeet Lal Pathak @ Sanjeet Kumar Pathak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 7424 of 2021 Arising Out of PS. Case No.-82 Year-2020 Thana- VISHNUPAD District- Gaya ====================================================== SANJEET LAL PATHAK @ SANJEET KUMAR PATHAK SON OF LATE AMARNATH PATHAK R/O MOHALLA- MORCHA GALI CHAND CHOURA, P.S.- VISHNUPAD, DISTRICT- GAYA.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr Sanjay Kumar, Advocate For the Opposite Party/s :

Mr Mithilesh Kr Khare, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 29-06-2021 This case has been taken up for consideration today through Video Conferencing.

Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in Vishnupad Police Station (for brevity, PS) Case No 82 of 2020 dated 04.04.2020 instituted for the offence punishable under Sections 304B/34 of Indian Penal Code.

The informant has stated that his daughter was married in the year, 2016. On 02.05.2020, he has received intimation about his daughter's killing by her in-laws. On reaching her in-laws' place, she has been found dead.

Learned counsel for the petitioner submits that there is no

Patna High Court CR. MISC. No.7424 of 2021(2) dt.29-06-2021 2/3 allegation against the instant petitioner in the First Information Report. He happens to be an agnate of the husband of the deceased and only on account of his relationship, he has been roped in this case during the investigation. The husband of the victim is already behind bars and the petitioner, having no criminal antecedent, is in custody since 25.06.2020. Learned APP for the State and learned counsel for the informant have opposed the prayer for bail. It is submitted that the death has occurred in the in-laws' house and the petitioner is member of the family.

Considering the aforesaid, let the petitioner, above named, be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Gaya in connection with Vishnupad PS Case No 82 of 2020 subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on

Patna High Court CR. MISC. No.7424 of 2021(2) dt.29-06-2021 3/3 each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

Learned counsel for the petitioner is expected to honour his undertaking given in the instant proceedings today for depositing requisite Court fee and removing the defect (s), as pointed out, when called upon to do so.

(Madhuresh Prasad, J) M.E.H./- U T