Bhola Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21299 of 2018 Arising Out of PS.Case No. -141 Year- 2016 Thana -PATAHI DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Bhola Pandit, Son of Laxmi Pandit, Resident of Village- Sheonagar, P.S.- Sahiyara, District- Sitamarhi.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Sri Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 02-07-2018 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Patahi PS case no. 141 of 2016 instituted for the offences punishable under Sections 323, 304(B), 302, 201, 120(B), 504/34 of Indian Penal Code.

The allegation against the accused persons including the petitioner is killing the victim girl on account of non-fulfilment of the demand of dowry.

The learned counsel for the petitioner, referring to paragraphs no. 20, 45, 46 and 48 of case diary, has submitted that the witnesses, during the course of investigation by the police, have stated that the victim lady had gone for nature's call beside the river and on account of the raging river, her feet slipped and

Patna High Court Cr.Misc. No.21299 of 2018 (5) dt.02-07-2018 2/2 she fell into the river and died. It is further submitted that the petitioner has a clean antecedent and he is languishing in custody since 17.10.2017. It is further submitted that all the other accused persons have been granted bail except the petitioner herein since he happens to be the husband of the victim lady. Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, more particularly, the evidence collected during the course of investigation, I find that it would be in the interest of justice to release the petitioner on regular bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of Addl. Chief Judicial Magistrate-VIIIth, Motihari, East Champaran in connection with Patahi PS case no. 141 of 2016. It is further directed that the petitioner shall mark his presence before the officer-in-charge of the concerned police station at 10 am on every Monday and in case of failure to do so on two consecutive occasions, the present privilege of bail shall stand cancelled automatically. (Mohit Kumar Shah, J) rinkee/- U T