Patna High CourtCR. MISC./76602/2023bail granted

Jitendra Pandey v. The State Of Bihar

2023-12-04Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76602 of 2023 Arising Out of PS. Case No.-299 Year-2019 Thana- NAWANAGAR District- Buxar ====================================================== Jitendra Pandey Son of Late Vishram Pandey R/o Vill - Budhaila, P.S. - Nawanagar, Distt. - Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Avinash, Adv.

For the Opposite Party/s :

Mr.Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Nawanagar P.S. Case No. 299 of 2019 instituted for the offences under Sections 498A, 363, 366/34 of the Indian Penal Code and Section 3⁄4 of the D.P. Act.

3. As per prosecution case, the allegation against the accused persons including the petitioner petitioner is of demand of dowry and torture to the victim lady.

4. The petitioner is the brother-in-law of the daughter of the Informant.

5. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. He further submits that there is no specific

Patna High Court CR. MISC. No.76602 of 2023(2) dt.04-12-2023 2/2 allegation of any overt act against the petitioner. The petitioner has got criminal antecedent of one case as has been stated in paragraph no.3 of the present bail application. Learned counsel for the petitioner submits that the co-accused/Mantu Pandey who is the husband of the daughter of the Informant has already been granted bail by a Co-ordinate Bench of this Court vide order dated 19.08.2023 passed in Cr. Misc. No. 45992 of 2023.

6. The petitioner is in custody since 04.09.2023.

7. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

8. Considering the entire facts and circumstances of the case and the rival submissions made by the learned counsel for the parties as also taking into account the period of custody, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Nawanagar P.S. case No. 299 of 2019.

(Rudra Prakash Mishra, J) rishi/- U T