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Patna High CourtCR. MISC./42867/2015bail granted

Deepak Pandit v. The State Of Bihar

2016-02-15Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42867 of 2015 Arising Out of PS.Case No. -333 Year- 2014 Thana -BIHTA District- PATNA ======================================================

1. Deepak Pandit Son of Late Krishna Pandit, Resident of Village - Katesar Chak, P.S. - Bihta, District - Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arbind Kumar For the Opposite Party/s : Mr. U.L.Verma(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 15-02-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.

The petitioner seeks bail in a case for the offences punishable under sections 498 (A) and 302/34 of the I.P.C Kalawati Devi, the daughter of the informant, was married to the petitioner in the year 2006 and allegedly the petitioner used to torture her and ultimately the petitioner and other in-laws burnt her to death.

Submission is of false implication and that there was cordial relation between the petitioner and his wife, the wife of the petitioner committed suicide due to some suspicion. The Investigating Officer who has inspected the place of occurrence has found the internal lock of the door broken, after closing the door of the house of petitioner burnt herself, witness Markhiya

Patna High Court Cr.Misc. No.42867 of 2015 (3) dt.15-02-2016 2/2 Devi vide paragraph- 9 of the case diary has stated regarding the same that the deceased committed suicide after sprinkling kerosene oil and burnt herself, the petitioner is suffering in custody since 04.04.2015 and as such he deserves sympathetic consideration.

The learned A.P.P. opposes prayer for bail by submitting that the petitioner is the husband. In the facts and circumstances as stated above, considering that the charge sheet has already been submitted and there is no chance of tampering with the prosecution evidence, the petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M. Danapur in Bihta P.S. Case No. 333 of 2014, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) Abhay/- U T