Pankaj Kumar Singh @ Pankaj Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64777 of 2024 Arising Out of PS. Case No.-539 Year-2023 Thana- MASHRAK District- Saran ====================================================== Pankaj Kumar Singh @ Pankaj Singh S/o Shyam Bahadur Singh R/o vill - Semari, P.S. - Mashrakh, Distt. - Saran at Chapra ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr.Rabindra Kumar Tiwari, Advocate For the Opposite Party :
Mr.Mritunjay Kumar Nirala, APP For the Informant :
Mr. Jitendra Narayan, Advocate Mr. Suresh Prasad, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 21-09-2024 Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Mashrakh P.S. Case No. 539 of 2023 dated 28.10.2023 registered for the offences punishable u/s 304B read with Section 34 of the Indian Penal Code.
3. As per the prosecution case, the petitioner and the co-accused person are alleged to have killed the informant's daughter by hanging due to non-fulfillment of demand of motorcycle and Rs. 3 lacs as dowry.
4. Learned counsel for the petitioner has submitted
Patna High Court CR. MISC. No.64777 of 2024(2) dt.21-09-2024 2/3 that the petitioner is innocent and has falsely been implicated in this case. The petitioner neither demanded any dowry nor tortured the informant's daughter. There is general and omnibus allegation against the petitioner who is husband of the deceased. Learned counsel has submitted that the deceased was a very short temperament lady and she also tried to commit suicide in her maike, this fact was disclosed by the petitioner and the informant has also supported this fact. The other co-accused person has already been granted bail by this court vide order dated 14.05.2024 passed in Cr. Misc. No. 34423/2024. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 09.07.2024.
5. Learned A.P.P. for the State as well as learned counsel for the informant have vehemently opposed the bail petition of the petitioner by submitting that the petitioner is the husband of the deceased who strangulated the informant's daughter to death for the sake of dowry after five months of marriage. As per para. 2 of the case diary, the cause of death is due to strangulation.
6. Considering the aforesaid facts and
Patna High Court CR. MISC. No.64777 of 2024(2) dt.21-09-2024 3/3 circumstances of the case as well as the heinous nature of offence against the petitioner, this Court is not inclined to grant bail to the petitioner and the same is rejected in connection with Mashrakh P.S. Case No. 539 of 2023, pending in the court of learned ACJM VII Saran at Chapra.
7. This application stands rejected.
(Chandra Prakash Singh, J) atul/- U T