Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69626 of 2022 Arising Out of PS. Case No.-333 Year-2022 Thana- HAJIPUR SADAR District- Vaishali ====================================================== PANKAJ KUMAR Son of Nathuni Singh Resident of Village- Dighi Khurd, P.S.- Sadar, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashish Kumar Ranjan, Adv.

For the Opposite Party/s :

Mr.Sanjay Kumar Sharma, APP.

Mr. Nagendra Kumar, Adv.

Mr. Ajit Lal, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-02-2023 Heard the parties.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 304(B), 34 & 498(A) IPC and 3⁄4 of the Dowry Prohibition Act.

The prosecution story, in short, is that the informant's daughter namely Deepshikha was married with the petitioner according to Hindu rites and customs in the year 2015. After marriage the accused persons as named in the FIR used to abuse and assault the informant's daughter for the domestic work and also demanded dowry. On 22.04.2022, at about 08:20 A.M., the accused persons set fire on the body of the informant's daughter by pouring kerosene oil. The informant's son-in-law informed him on phone and he took her to Apollo Burn Hospital, Patna where during the treatment, the informant's daughter has died. It is submitted by learned counsel for the petitioner that

Patna High Court CR. MISC. No.69626 of 2022(2) dt.28-02-2023 2/2 petitioner is the husband of the deceased. Petitioner is quite innocent and has committed no offence. No such occurrence as alleged ever took place. He has been falsely implicated in this case. The petitioner is not named in the FIR. On the basis of the supervision of S.D.P.O. he has been made accused during investigation. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, as there is no specific overt act against the petitioner, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Hajipur Sadar P.S. Case No. 333 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) divyanshi/- U T