Pawan Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62159 of 2021 Arising Out of PS. Case No.-293 Year-2020 Thana- MANER District- Patna ====================================================== 1.

PAWAN PANDEY Son of Late Sajivan Pandey Resident of Village - Tata Colony, P.S.- Maner, District - Patna.

2.

Subhash Kumar Pandey @ Subhash Pandey Son of Late Sajivan Pandey Resident of Village - Tata Colony, P.S.- Maner, District - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Usha Kumari Singh, Adv.

For the Opposite Party/s :

Mr. Anant Kumar 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 12-04-2022 Heard learned counsel for the parties.

The petitioners have preferred this application for grant of regular bail in a case registered under sections 302, 201 and 34 of the Indian Penal Code.

As per the prosecution case, younger sister of the informant who was married to the petitioner no.1 was tortured by the accused persons including the petitioners herein. The petitioner no.1 forcibly took away the informant's sister to sasural. Soon thereafter information was received about the informant's sister having been murdered.

It is submitted by learned counsel for the petitioners that the petitioners happen to be the husband and dewar (husband's younger brother) of the deceased. The allegations as levelled in the

Patna High Court CR. MISC. No.62159 of 2021(3) dt.12-04-2022 2/2 FIR are false and concocted. No injury was found in the postmortem report. After investigation chargesheet was submitted and cognizance has also been taken under sections 306, 201, 120B and 34 of the Indian Penal Code. The petitioners have no criminal antecedent and undertake to cooperate in the trial. They are in custody since 9.6.2020, The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case, the material that has transpired in course of investigation including the postmortem report and cognizance having been taken under sections 306, 201, 120B and 34 of the Indian Penal Code, the two petitioners are directed to be enlarged on bail in connection with Sessions Trial no.472 of 2021 (arising out of Maner P.S. Case no.293 of 2020) on each of them furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge III, Danapur, Patna. (Partha Sarthy, J) Bibhash/- U