Jitendra Pandey @ Jitendra Kumar Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59874 of 2018 Arising Out of PS. Case No.-72 Year-2018 Thana- JALALPUR District- Saran ====================================================== Jitendra Pandey @ Jitendra Kumar Pandey Son of Late Vibhishan Pandey, Resident of Village- Ganga Kanhauli, P.S.- Jalalpur, District- Saran. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Javed Aslam For the Opposite Party/s :

Mr. Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-10-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 302, 498A/34 of the Indian Penal Code.

The prosecution case, in short, is that on 26.04.2018 at 8.30 A.M. the informant received a telephonic information from his brother-in-law (husband of the deceased) that his sister committed suicide by hanging herself. The informant and others went to the matrimonial house of the deceased and found her hanging from the hook of the roof.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The

Patna High Court Cr.Misc. No.59874 of 2018(2) dt.04-10-2018 2/2 petitioner is the Bhainsur of the deceased. He is separate in mess and property from the husband of the deceased. As per the postmortem report, the deceased died due to hanging. It is a case for an offence under Section 306 of the I.P.C. There is no eye witness to the alleged occurrence nor there is any other substantive evidence to suggest the implication of the petitioner in the present case.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran in connection with Jalalpur P.S. case No.72 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T