Dinesh Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 53851 of 2022 Arising Out of PS. Case No.-189 Year-2022 Thana- RAMGARH District- Kaimur (Bhabua) ====================================================== DINESH PANDEY Son of Yogendra Pandey Resident of Village - Kishunpura, P.s.- Ramgarh, Distt.- Kaimur at Bhabua. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr Tribhuwan Narayan, Advocate For the S t a t e :

Mr Raj Ballabh Singh, APP For the I n f o r m a n t :

Mr Ramanuj Tiwary, Advocate ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 23-12-2022 Heard learned counsel for the petitioner, informant and learned Additional Public Prosecutor (for brevity, APP) appearing for the State of Bihar through Virtual Mode. The petitioner seeks bail in Ramgarh Police Station (for brevity, PS) Case No 189 of 2022 registered for the offence punishable under Sections 341, 323, 302, 304B/34 of Indian Penal Code and Sections 3⁄4 of Dowry Prohibition Act. The petitioner is father-in-law and the First Information Report has been lodged by father of the victim stating that his daughter has been done to death at her in-laws' house. It is stated that the victim's husband and the petitioner have been torturing and assaulting the victim earlier. Learned counsel for the petitioner submits that only

Patna High Court CR. MISC. No.53851 of 2022(2) dt.23-12-2022 2/3 on the basis of petitioner's relationship with the victim, he has been implicated in this case. Informant is, admittedly, not an eye witness to the occurrence. The petitioner has been in custody since 10.06.2022 and the husband of the victim is already in custody.

Learned APP as well as learned counsel for the informant have opposed the prayer for bail.

Considering the nature of accusation, petitioner's relationship being father-in-law of the victim girl, period of custody, this Court, for the purposes of grant of bail, is, thus, inclined to accept the submissions advanced by the petitioner's counsel. Prayer for bail is allowed. 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, Kaimur at Bhabua in Ramgarh PS Case No 189 of 2022 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.

Patna High Court CR. MISC. No.53851 of 2022(2) dt.23-12-2022 3/3 (ii) That the petitioner will be well represented on 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