Ashok Pandey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.76502 of 2018 Arising Out of PS. Case No.-57 Year-2017 Thana- KORANSARAI District- Buxar ====================================================== Ashok Pandey Son of Late Sidhnath Pandey, Resident of Village-Orap, Police Station Itarhi, District Buxar.
... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Nityanand Tiwary Mr. Mukesh Kumar For the Opposite Party/s :
Mr.Satyavarat Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 23-01-2019 Heard learned counsel for the petitioner and the learned APP for the State.
The petitioner seeks bail in Koran Sarai P.S. case no.57 of 2017 instituted for the offence under Sections 304(B), 201/34 of the Indian Penal Code.
Petitioner is informant of the instant case. He is father of the deceased.
The informant has alleged in the written report that he performed marriage of his daughter, namely Sapna Devi with Rahul Choubey son of Prayag Choubey in the year 2014. After marriage she gave birth to a son aged about 2 1⁄2 years. It is further alleged that accused persons , as named in the written report, were committing torture for demand of dowry. The informant went to Sasural of his daughter along with some of his
2/4 relatives and managed compromise between them and brought his daughter to his village. It is further alleged that after 1 1⁄2 years the family members of her sausral took his daughter . At that time, informant gave articles as per his capacity. But when the daughter of the informant reached at her susural then again she informed the informant that the accused persons were torturing her for demand of Freeze otherwise they would oust her from the house. . It is further alleged that on 12.7.2017 the father-in-law of his daughter came at his village and informed that that his daughter has gone some where. The informant started searching her and on 16.7.2017 informant learnt that dead body of his daughter is lying in Ahiyara Ahra of village Chuar and she was murdered for demand of dowry by FIR named accused persons including this petitioner.
Learned counsel for petitioner submits that police during course of investigation received information from a spy that daughter of informant Sapna Devi ( since deceased) has love affair with Pradeep Kumar @ Bittu Singh S/o Late Satrughan Singh. The police arrested aforesaid Pradeep Kumar @ Bittu Singh and recorded his confessional statement and on the basis of aforesaid statement the police has made this petitioner as accused in this case. It is further submitted that police has not taken any action against Pradeep Kumar Singh @Bittu Singh, and other
3/4 family members of her daughter's sasural against whom this petitioner has levelled specific allegation in the written report. Learned counsel further submits that charge sheet has been submitted against this petitioner (informant and father of deceased). The investigation is pending against other accused persons. It is further pointed out by petitioner that protest petition is also filed in the Court below which is pending. This Court directs the Superintendent of Police, Buxar to personally monitor the investigation of this case and direct his subordinate to conduct proper investigation in the case in order to bring the real culprit to book and conclude the investigation within six months from the date of receipt of this order. Petitioner who is father of deceased is in custody since 14.09.2018.
Considering the aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the CJM, Buxar, in connection with Koran Sarai P.S. case no.57 of 2017 subject to the condition that both the bailors shall be the close relative of the petitioner. Let this order be communicated to Superintendent of Police Buxar through District and Sessions Judge, Buxar who will send report to this Court about the final outcome of
4/4 investigation by the police.
(Sanjay Priya, J) shyambihari/- U T