Radhe Shyam Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57278 of 2022 Arising Out of PS. Case No.-221 Year-2017 Thana- SARAIYA District- Muzaffarpur ====================================================== RADHE SHYAM PANDIT Son of Surendra Pandit R/V- Aanandpur, P.SSaraiya Dist- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anish Kumar, Advocate For the Opposite Party/s :

Mr.Dilip Kumar No. 1, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 20-01-2023 Heard the learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner seeks regular bail in connection with Saraiya P.S. Case No. 221 of 2017 registered for the offence punishable under Sections 302, 201/34 of the Indian Penal Code. The case of the prosecution, in brief, is that the marriage of the daughter of the informant was solemnized with the petitioner in the year 2008, whereafter they had started living as husband and wife, however, after some time the petitioner started torturing his wife on account of non-fulfillment of the demand for dowry. It is

Patna High Court CR. MISC. No.57278 of 2022(2) dt.20-01-2023 2/3 further alleged that finally the accused persons including the petitioner herein killed the daughter of the informant.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case, is having a clean antecedent and he is languishing in custody since 29.07.2022. Lastly, the learned counsel for the petitioner has submitted that the deceased victim lady had committed suicide, hence the petitioner is not having any complicity in the matter.

Per contra, the learned counsel for the State has vehemently opposed the prayer for bail. Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the facts stated in the impugned order dated 02.09.2012, it is apparent that the accused persons including the petitioner, who is husband of the deceased victim

Patna High Court CR. MISC. No.57278 of 2022(2) dt.20-01-2023 3/3 lady, had murdered the deceased victim lady and cremated the dead body in haste to wipe out evidence, hence the petitioner being husband of the deceased victim lady is definitely having complicity in the murder of the deceased victim lady, thus I do not find any merit in the present petition. Accordingly, the present petition stands dismissed.

(Mohit Kumar Shah, J) S.Sb/- U T