Bhushan Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67053 of 2022 Arising Out of PS. Case No.-437 Year-2022 Thana- RUPASPUR District- Patna ====================================================== 1.

Bhushan Pandit, Son of Late Ram Lagan Pandit, R/v- Dhanaut, P.S.- Rupaspur, District- Patna.

2.

Kiran Devi, Wife of Bhushan Pandit, R/v- Dhanaut, P.S.- Rupaspur, DistrictPatna. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Sheo Nandan Pandit, Advocate For the Opposite Party/s :

Mr.Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 04-05-2023 Heard learned counsel appearing on behalf of the petitioners and learned Additional Public Prosecutor appearing on behalf of the State.

Let the defect(s), as pointed out by the office, if any, be removed within a period of four weeks from today. The accused/petitioners are named in the FIR and apprehending their arrest in connection with Rupaspur P.S. Case No. 437 of 2022 registered for the offences punishable under Sections 304-B, 34 of the Indian Penal Code.

The allegation against petitioners is to cause death of daughter of informant alongwith other co-accused persons /family members due to non-fulfillment of demand of dowry as

Patna High Court CR. MISC. No.67053 of 2022(3) dt.04-05-2023 2/3 raised for cash of Rs. 50,000/- It is submitted by learned counsel appearing on behalf of petitioners that both petitioners are in-laws and implicated in present case only being the parents of the husband of the deceased, namely, Nitish Kumar. It is also submitted that both petitioners living separately with deceased and her husband, much before the occurrence and having no connection with their daily and domestic affairs. It is also submitted that thrust of allegation is available against the husband of the deceased, who is in judicial custody since 01.08.2022. While concluding the arguments, it is submitted that both petitioners are of clean antecedents.

Learned APP, while opposing the prayer of bail fairly conceded that petitioners are in-laws.

Considering the aforesaid facts and circumstances, as petitioners are in-laws living separately, let above named petitioners, in the event of their arrest or surrender before the court below within a period of four weeks, are directed to be released on bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-II, Danapur/concerned Court, where the case is pending in connection with Rupaspur

Patna High Court CR. MISC. No.67053 of 2022(3) dt.04-05-2023 3/3 P.S. Case No. 437 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

The presence of Investigating Officer is dispensed with.

(Chandra Shekhar Jha, J) veena/- U T