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Patna High CourtCR. MISC./71719/2023bail rejected

Rohit Pandey @ Pintu Pandey v. The State Of Bihar

2024-01-08Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71719 of 2023 Arising Out of PS. Case No.-7 Year-2023 Thana- PALIGANJ District- Patna ====================================================== Rohit Pandey @ Pintu Pandey Son Of Sri Deo Narayan Pandey Resident Of Village - Edilpur, P.S. - Paliganj, District - Patna ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

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

Mr. Umanath Mishra, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 08-01-2024 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

3. The petitioner is apprehending his arrest in connection with Paliganj P.S. Case No. 07 of 2023 dated 05.01.2023 registered for the offence punishable under Sections 304B, 201 read with 34 of the Indian Penal Code.

4. As per the prosecution case, the petitioner and

Patna High Court CR. MISC. No.71719 of 2023(2) dt.08-01-2024 2/3 the co-accused persons are alleged to have committed murder of the daughter of the informant due to nonfulfillment of demand of dowry and her dead body was disappeared.

5. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. There is general and omnibus allegation against the petitioner who is the husband of the deceased. It is further submitted that the petitioner and the accused persons neither demanded any dowry nor tortured the deceased. The petitioner has no criminal antecedent as stated in para 3 of the bail petition.

6. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner who was married to Neha Pandey on 15.06.2021.

7. Considering the aforesaid facts and circumstances of the case as well as the heinous nature of allegation and specific allegation against the petitioner, I am of the view that no case for grant of anticipatory bail is made out and the same is rejected with direction to the petitioner to surrender before the Court below concerned

Patna High Court CR. MISC. No.71719 of 2023(2) dt.08-01-2024 3/3 within six weeks from the date of this order and the prayer for regular bail and the learned Court below will consider his prayer for regular bail in accordance with law without being prejudiced by this order.

8. The application stands reject.

(Chandra Prakash Singh, J) Nilmani/- U T