Santosh Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64481 of 2019 Arising Out of PS. Case No.-76 Year-2019 Thana- SANDESH District- Bhojpur ====================================================== Santosh Pandey, Son of Barmeshwar Pandey, Resident of Village - Surungapur, P.S.- Sandesh, Distt - Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar, Advocate.

For the State :

Mr. Dashrath Mehta, APP For the Informant Mr. Gopal Govind Mishra, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 04-12-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Sandesh P.S. Case No. 76 of 2019, registered under Sections 341, 323, 504, 498(A) and 302/34 of the Indian Penal Code. The accusation is that marriage of daughter of complainant-informant, Suryakanti Devi, was performed with the petitioner before 15 to 16 years and out of wedlock there are two children but thereafter, her daughter was being tortured through various mode due to non-fulfillment of demand of dowry. While on several occasions, informant and other went at the Sasural of her daughter and pacified the matter but later on, informant came to know that her daughter is missing from her matrimonial house since 07.02.2019.

Patna High Court CR. MISC. No.64481 of 2019(3) dt.04-12-2019 2/2 Learned counsel for the petitioner submits that admittedly, petitioner is the husband of the deceased, Sadhna Devi, daughter of the informant and due to illness, her daughter was rushed at K.K. Hospita, Ara, for treatment, regarding which, information was given to the informant and Arbind Mishra, son of the informant, had also came and put his signature on the consent paper in the hospital, where she died and her dead body was cremated but with ulterior motive, the present case has been lodged with false allegation. Further submission is that regarding treatment of the deceased, description has also been made in paragraph 12 of the case diary.

Having regard to the facts and circumstances of the case, 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. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned J.M. Ist Class, Bhojpur, Ara, in connection with Sandesh P.S. Case No. 76 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Rajendra Kumar Mishra, J) Bhardwaj/- U T