Pankaj Kumar @ Pankaj Sao @ Pankaj Saw v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73001 of 2024 Arising Out of PS. Case No.-2 Year-2024 Thana- MAGADH UNIVERSITY District- Gaya ====================================================== Pankaj Kumar @ Pankaj Sao @ Pankaj Saw Son of Mahesh Sao @ Mahesh Saw @ Billu Sao @ Billu Saw Village- Sahdeokhap, Ps- Magadh University, Dist- Gaya ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Aryan Singh For the Opposite Party/s :
Mr.Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 29-11-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in Sessions Trial No. 751 of 2024 (S.J.) / 166 of 2024 arising out of Magadh University P.S. Case No. 2 of 2024 dated 02.01.2024 registered for the offence/s punishable u/ss 304B and 306 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 due to non-fulfillment of demand of Rs. 5,00,000/- as dowry.
4. Learned counsel for the petitioner has submitted
Patna High Court CR. MISC. No.73001 of 2024(3) dt.29-11-2024 2/3 that the petitioner is innocent and has falsely been implicated in this case. The petitioner is the husband of the deceased. The petitioner neither demanded any dowry nor tortured the informant's daughter. It is further submitted that the chargesheet has already been submitted u/ss 304B and 306 of the IPC. The cause of death is Asphyxia and shock due to hanging. There is general and omnibus allegation against the petitioner. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 08.01.2024.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Gaya in connection with Sessions Trial No. 751 of 2024 (S.J.) / 166 of 2024 arising out of Magadh University P.S. Case No. 2 of 2024, with the following condition/s- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable
Patna High Court CR. MISC. No.73001 of 2024(3) dt.29-11-2024 3/3 cause, the bail bond of the petitioner is liable to be cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) guddukr/- U T