Deepak Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55690 of 2022 Arising Out of PS. Case No.-251 Year-2021 Thana- PIPRA District- East Champaran ====================================================== Deepak Pandey Son Of Arun Pandey Village- Bhediban Madhuban, P.S.- Pipra, Distt.- East Champaran, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vikash Kumar Pankaj For the Opposite Party/s :

Mr.Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-04-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 304(B) & 34 of the Indian Penal Code. The accusation is of killing the daughter of the informant by her in-laws family members including the petitioner.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner is husband of the deceased and the deceased was suffering from

Patna High Court CR. MISC. No.55690 of 2022(5) dt.18-04-2023 2/3 depression. Moreover, in mid term of 2021, the deceased delivered a girl child which later further intensified her depression and made her quite violent, self-harming and impulsive. There is general and omnibus allegation against all the F.I.R named accused persons including the petitioner. The petitioner is languishing in custody since 30.09.2021.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner and submitted that petitioner is husband of the deceased and he is fully responsible for the commission of murder of his wife. The postmortem report clearly shows that cause of death is asphyxia due to strangulation. Moreover, the independent witnesses in para 7, 8, 9 and 10 of the case diary have also supported the case of the prosecution.

Considering the fact that petitioner is husband of the deceased and the deceased died within two years of marriage, this Court is not inclined to grant bail to the

Patna High Court CR. MISC. No.55690 of 2022(5) dt.18-04-2023 3/3 petitioner. The prayer for grant of bail to the petitioner stands rejected.

The Trial Court is directed to expedite the trial and conclude the same within a period of one year. The petitioner will be at liberty to renew his prayer for bail, if the trial is not concluded within one year.

(Sunil Kumar Panwar, J) Ayush/- U T